IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 MACA.No. 1286 of 2004(C) ---------------------------------- OPMV.825/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER. ----------------------------------- DR.ANITHA, D/O.CHANDRAN, THAMARASSERY HOUSE, P.O.KUTTANELLUR, ELANTHURUTHY, THRISSUR. BY ADV. SRI.P.V.CHANDRA MOHAN SRI.K.N.AJAYAN RESPONDENT(S): RESPONDENTS 5 & 6. ------------------------------------------------- 1. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, MATTANCHERRY. 2. JOSHY DOMINIC, KOIKARAPPARAMBIL HOUSE, P.O.PERUMBAVOOR, KOCHI. ADV. SRI.VPK.PANICKER FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1286 OF 2004 = = = = = = = = = = = = = = = Dated this the 3rd day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)825/95. The claimant, a Homeo Doctor by profession, sustained injuries in a road accident and the wound certificate would reveal that she had tenderness and fracture of two teeth. The Tribunal has awarded a compensation of Rs.10,000/-. Dissatisfied with the same the claimant has come in appeal. 2. The learned counsel for the appellant had produced before me the documents relating to the treatment. I had very carefully scrutinized the documents and it can be seen that the accident took place on 31.12.94 and besides fracture of the teeth she has complaint in the frontal region and there was a feeling of numbness in the upper row of the teeth. Thereafter on 6.1.95 the fracture was confirmed and the Doctors opined that however non vitality of teeth at a later stage cannot be ruled out. She M.A.C.A. NO. 1286 OF 2004 -:2:- was advised to come on 11.1.95 and composite filling was done on that date. It is also seen again on 9.12.95 she visited the hospital with pain on the frontal teeth and the doctors were able to observe swelling on the palatel side and there was tender on percussion. X-ray revealed that in the fractured teeth there was infection. Thereafter documents are produced later to show that in 2000 she had again visited hospital with complaint of other teeth. So, it is with these materials, one has to fix the compensation. 3. Learned counsel for the insurance company very strongly contends before me that enhancement of compensation for a fracture of this nature is not called for when the Tribunal has awarded a reasonable compensation. I had applied my mind after hearing both sides. Virtually a young lady Doctor at the age of 24 sustained fracture of her two teeth on the front side which created numbness and later has to follow up the treatment for almost one year and that has resulted even after one year in some infection. It is in this background I proceed to decide the compensation. As one knows that when teeth get fractured and crowning has been done it becomes a very costly affair and a young lady M.A.C.A. NO. 1286 OF 2004 -:3:- doctor cannot avoid spending amount for that purpose. So I feel this is a case where Rs.6,000/- can be awarded for treatment and fracture of the teeth, Rs.5,000/- towards pain and sufferings, Rs.3,000/- towards actual loss of earnings and Rs.500/- each for transport expenses and extra nourishment, thus making a total compensation of Rs.15,000/-. The Tribunal has awarded Rs.10,000/- and so the claimant is entitled to an additional compensation of Rs.5,000/- but I restrict the interest on that amount at the rate of 7.5%. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-