IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 1079 of 2006(D) ------------------------------------- O.P(MV).NO.162/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... APPELLANT/PETITIONER: ------------------------------------- ABOOBACKER, ALANGADAN HOUSE, NEEROLPALAM, P.O.THENHIPALAM. BY ADV. SRI.K.P.MUJEEB. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. CHEMBAN AHAMMED, S/O. SAIDALAVI, KODIAMPARAMBIL HOUSE, KARIPUR. (DRIVER). 2. P.SREEKUMARAN, S/O. SANKARAPANICKER, KAINAR HOUSE, MANNATHIPOYIL, POOKKOTUMPADAM. (OWNER). 3. UNITED INDIA INSURANCE CO. LTD., MANJERI. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.1079 OF 2006 ===================== Dated this the 21st day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.162 of 1999. The Tribunal has awarded a compensation of Rs.7,000/- and directed the insurance company to pay the amount and get it reimbursed from the first respondent in the claim petition. It is against that decision, the claimant has come up in appeal. 2. It is seen from the award itself that the claimant has spent an amount of Rs.3,357/- towards purchase of medicines. A perusal of the copy of the wound certificate would further reveal that he was admitted in the hospital on 3.11.1998 and discharged on 5.11.1998. There was mobility of his teeth and enamel fracture. I feel the Tribunal has awarded a grossly inadequate compensation. A man at the age of 58 on account of the impact of the accident sustained abrasion and contusion over chin, which affected the mobility of his teeth. Therefore I feel this is a fit case where he would not have been able to do any work for some time and he would not have MACA 1079/2006 -:2:- been in a position to enjoy solid food for sometime. Further he would have lost his amenities and enjoyment in life. So taking into consideration all these aspects as well, I award him an additional compensation of Rs.5,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-