IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 1901 of 2007() --------------------------------- OPMV.1835/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER ---------------------------------- CHANDRAN L., S/O. LAKSHMANAN, AGED 50 YEARS, GOKUL STREET, P.O.KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.P.P.RAMACHANDRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. M.MUKUNDAN, S/O. CHATHU, SAPNA ROADWAYS, THALASSERY P.O. 2. SHYLESH M., S/O. CHANDRAN, PARAMBATH HOUSE, P.O.PATHIRIYAD, THALASSERY (VIA), KANNUR DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, KANNUR. ADV. SRI.RENI ANTO KANDAMKULATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No. 1901 of 2007 --------------------------------------- Dated this the 5th day of November, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident. The Tribunal found that the accident occurred due to the negligent driving of the second respondent of the vehicle owned by the first respondent, but, against a claim of Rs.1,50,000/-, only an amount of Rs.15,250/- was awarded. Major contention of the appellant is that no amount was awarded for permanent disability or injury suffered. As per Ext.A3 wound certificate, the following injuries were noted: "1. Lacerated wound over the right eye brow of size 3.5 x 0.25 x 0.5 c.m.; 2. Lacerated injury of size 1.5 x 0.25 x 0.5 c.m. over the upper lip right side; 3. Multiple abrasions over the back right side, both sides below the knees." Ext.A4 discharge summary shows that he was treated as an inpatient for eight days. The discharge summary also points out that he had fracture of acromion and two teeth. It is the case of the M.A.C.A.No.1901/2007 2 appellant that two teeth have been lost. The Tribunal stated that the discharge summary shows that there is no fracture and there is no evidence to show that he lost two teeth, but, discharge summary shows that there was a fracture of acromion and fracture of two teeth apart from multiple lacerated wounds. In the FIR also, it is stated that two teeth were lost in the accident. Therefore, loss of teeth was connected with the accident and not a subsequent event. Since the Tribunal did not award compensation for the injuries sustained by the appellant, we are of the opinion that compensation ought to have been granted for the disability and loss of amenities and for the loss of two teeth and fracture of acromion. For pain and suffering, only Rs.5,000/- was granted and only actual medical expenses were reimbursed. It is argued that there are many expenses which will not be reflected by bills. Considering the fact that two teeth were lost, we are of the opinion that Rs.7,500/- ought to have been awarded by the Tribunal for the injuries and permanent disability suffered by him and for loss of amenities. The above Rs.7,500/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit over and above the compensation decreed by the M.A.C.A.No.1901/2007 3 Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed partly. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No.1901/2007 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No. 1901/2007 ------------------------------------- Judgment Date:5th November,2008