IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 MACA.No. 1413 of 2010() ----------------------- OPMV.149/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER: --------------------------------------------- A.GOPALAKRISHNAN, S/O.LAKSHMIKUTTY, ALLIKKAL HOUSE, P.O.MANKADA, MANKADA AMSOM DESOM, PERINTALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. P.V.PRADHEESH, S/O.P.V.NARAYANAN, PUTHEN VEETIL HOUSE, P.O.VELLILA VIA, MANKADA, MALAPPURAM DISTRICT-679 324. 2. P.RAMAN @ UNNIKUTTY, S/O.AYYAPPAN, PALATHINGAL HOUSE, P.O.VELLILA VIA:MANKADA, MALAPPURAM DISTRICT- 679 324. 3. UNITED INDIA INSURANCE COMPANY LIMITED., BRANCH OFFICE, PERINTALMANNA, MALAPPURAM DISTRICT REPRESENTED BY ITS BRANCH MANAGER-679 322. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1413 OF 2010 = = = = = = = = = = = = = = = Dated this the 29th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV) 149/06. The claimant was aged 45 years and he had sustained injuries on various parts of the body and the Tribunal has awarded a compensation of Rs.24,665/-. It is against that decision the claimant has come up in appeal. 2. Heard. The learned counsel for the appellant had made available before me the wound certificate which shows that he had sustained injuries on the dental region involving canine teeth and tenderness over the neck and back, chest etc. He was treated as an inpatient in the hospital for 11 days. It is also submitted that he was under the treatment of Fathima Dental Clinic and Orthodontic Centre which would reveal M.A.C.A. 1413 OF 2010 -:2:- that two of his teeth were extracted and root canal treatment was done whereas for one tooth he had terrific infection. Four teeth had sustained fracture and advice has been given to remove the teeth so affected to avoid complication. If these things are taken into consideration it can be seen that the claimant had sustained very bad facial injuries and one is also aware of the agonizing pain and the expenses that will be incurred when the teeth are involved now-a-days. Therefore I enhance the compensation as follows. 3. Towards pain and sufferings I enhance it by Rs.3,000/-. For the extraction of two teeth I enhance it by Rs.2,000/-. For the fracture of the teeth and for the root canal treatment I award a consolidated sum of Rs.7,500/- more and towards loss of earnings I award another Rs.2,500/- thus making an additional compensation of Rs.15,000/-. M.A.C.A. 1413 OF 2010 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/- with 7% 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/-