IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 MACA.No. 70 of 2005(C) --------------------------------- O.P.M.V.NO.2875/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APELLANT/PETITIONER: ----------------------------------- MADHU, AGED 43 YEARS, SON OF RAGHAVAN, KEEZHAMTHITTA VEEDU, KONTHURUTHY, THEVARA P.O., COCHIN-13. BY ADV. SRI.ANIL S.RAJ, ADV. SMT.K.N.RAJANI, ADV. SMT.NITHYA.K. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. A.V. CHELLAMMA, W/O. K.T. CHINNAN, KATTUNGATHARA HOUSE, PERUMANOOR P.O., COCHIN-15. 2. VINU VARGHESE, S/O. T.G. VARGHESE, THOPPIL PEEDIKAYIL HOUSE, EAST OF MARKET, THEVARA, COCHIN-13. 3. THE NATIONAL INSURANCE COMPANY LIMITED, CHITTOOR ROAD, COCHIN-16. ADV. SMT.SARAH SALVY FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.70 OF 2005 ===================== Dated this the 30th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.2875 of 1997. The claimant, a 36 year old man, sustained injuries in a road accident. A perusal of the award would reveal that he had lacerated wound on inner and outer aspect of lower lip and abrasion on left lateral malleolus. It is further seen that on account of the accident, he had lost 4 teeth. The Tribunal awarded him a compensation of Rs.12,500/-. It is against that decision, the present appeal is filed for enhancement. 2. Heard counsel on both sides. It is seen from the award itself that at the age of 36, the claimant had lost 4 teeth. But the Tribunal has awarded only Rs.2,000/- towards loss of amenities and enjoyment in life and Rs.4,000/- for loss of teeth. Calculating at the rate of Rs.3,000/- per tooth and deducting the amount already awarded, i.e. Rs.12,000/- minus Rs.6,000/-, the claimant will be entitled to get an amount of Rs.6,000/-. It is seen from the records that the claimant was in the hospital for 11 days. MACA 70/2005 -:2:- Taking into consideration all these aspects, under the head of treat expenses, nutritious food and bystander expenses, I award a further sum of Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.7,000/-. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 6% 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/-