IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1870 of 2005() ----------------------- OPMV.506/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- ARAVINDAKSHAN.C.V. S/O.KITTU NAIR (LATE) KANAKANIVAS, KUNNAMPATTA, KUNNAMPATTA POST, KOTTAPPADY AMSOM DESOM, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): RESPONDENTS. --------------------------- 1. K.C.SHAMSUDEEN, S/O.MUHAMMED, KIZHAKKECHALIL HOUSE, KAITHAPOYIL POST, KOZHIKODE DISTRICT. 2. U.K.HUSSAIN, S/O.KUNHIRAYI, ULLIYADAN KUNNUMMEL HOUSE, KANNOTH POST, KODENCHERRY, KOZHIKODE DISTRICT(R.C.OWNER OF KL-12/8771 LORRY). 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., VELIMANNA BUILDING, MAIN ROAD, THAMARASSERY POST, KOZHIKODE POLICY NO. 100312/31/01/19864) INSURER OF KL-12/8771 LORRY. ADV. SRI.K.A.SALIL NARAYANAN FOR R1 & R2 SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1870 OF 2005 -------------------------------------------- Dated this the 30th day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. 2. Appellant a bus conductor by profession was injured in a road accident. Injuries sustained basically are in the face causing damage to several teeths. MACT rejected the disability certificate issued by doctor running a scan centre on the ground that the doctor who treated the appellant is not the person who issued disability certificate. However, there is no dispute that appellant sustained injury in the accident and was in the hospital for nine days. When injury sustained is to teeths, there is nothing wrong in getting a disability certificate from a doctor who is running a scan centre because based on scan report he was able to certify disability. However, injury has essentially 2 affected petitioner's appearance and not his ability to work. Counsel for the appellant contended that appellant will have to eventually replace teeths as a result of accident which is not major inury. Having regard to all the contentions, we increase the total compensation by Rs. 25,000/-. The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3