IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 855 of 2009() --------------------------------- OPMV.2996/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER: ------------------------- SUNITHA AGED 27 YEARS, D/O.NARAYANAN, VADAKKENKATTIL VEEDU, BRHAMAMANGALAM KARA, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM. BY ADV. MR.C.K.GOVINDAN MR.L.P.ARAVINDAKSHAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. JUNAIZ, S/O.MOIDEEN, KARIKUNNEL HOUSE, KUNNIPALAKKARA, EDAKKARA VILLAGE, MALAPPURAM. 2. PUNNOOSE KURUVILA, VAZHAKULAM HOUSE, KUMARAKAM P.O., KOTTAYAM. 3. UNITED INDIA INSURANCE COMPANY LTD., KOTTAYAM BRANCH, REPRESENTED BY ITS DIVISIONAL MANAGER, ERNAKULAM. R2 BY ADVS.MR.SHAJI P.CHALY R3 BY MR.JOHN JOSEPH VETTIKAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.855 OF 2009 ............................................. Dated this the 7th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam, in OP(MV)No.2996/2002. The claimant, a 21 year salesgirl sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.13,000/= and aggrieved by the quantum, the claimant has come up in appeal. 2. Perused the award. It is seen that she was treated in RCM, Hospital, Tripunithura and that she had sustained a laceration on the chin and a missing of the upper central incisor. She was treated as an inpatient in the hospital for two days and Ext.A7 revealed that replacement of the tooth was recommended which was done. The medical bills were for Rs.6,241/=. The Tribunal has awarded a global compensation of Rs.13,000/=. 3. I shall recalculate it to arrive at a proper compensation in the matter. Towards medical expenses, I grant Rs.6,250/=. Considering the fact that she belongs to : 2 : M.A.C.A.NO.855 OF 2009 Vaikom taluk and as she had undergone treatment in the Tripunithura Hospital, I grant Rs.800/= towards transport expenses and another Rs.800/= towards extra nutritious food for the reason that she would not have been able to take solid food during the course of treatment and some days thereafter. She had lost one tooth and three other teeth required repair and there was corresponding superficial injuries and therefore I award a sum of Rs.4,000/= towards pain and sufferings. Towards loss of earnings I award a sum of Rs.2,000/= and for the temporary loss of amenities another Rs.2,000/= making it a total compensation of Rs.15,850/= out of which, the Tribunal awarded Rs.13,000/=. So, the claimant will be entitled to an additional compensation of Rs.2,850/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,850/= with 7.5% interest on the said sum from the date of the petition till realisiation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy : 3 : M.A.C.A.NO.855 OF 2009 of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.855 OF 2009