IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 MACA.No. 445 of 2004() --------------------------------- OPMV.633/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) -------------------------- SHAJI, S/O. CHANDRAN, POTTAKKA HOUSE, KUTTICHIRA P.O. MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) -------------------------- 1. U.K.SIVADASAN, S/O.KUNJAYYAPPAN, UMINOTHUMKUDY HOUSE, KUTTICHIRA P.O. 2. APPUKUTTAN,S/O.KARAPPANDY, KAIPUZHA HOUSE, KUNDUKUZHIPADAM, KUTTICHIRA P.O. 3. THE NEW INDIA ASSURANCE CO.LTD., CHALAKUDAY. ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 445 OF 2004 = = = = = = = = = = = = = = = Dated this the 11th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)633/97. The claimant, a 24 year old man sustained injuries in a road accident and he has been awarded a compensation of Rs.32,000/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of paragraph 11 of the award would reveal that the claimant had sustained a depressed fracture on the frontal bone, cerebral concussion, fracture of the nasal bone and had some hemorrhage below the eyebrow. He had expended Rs.9,340/- for medical expenses and root canal treatment was also done. He was treated as an inpatient in the hospital for six days. It is also recorded that the claimant had lost two teeth. It is complained that he is not able to feel the smell. At the age of 24 loss of two M.A.C.A. NO. 445 OF 2004 -:2:- teeth would certainly cause problem when it is coupled with lots of facial injuries such as depressed fracture of the frontal bone and fracture of the nasal bone. For the loss of two teeth I am inclined to grant him Rs.6,000/- and I am certain when a person sustains injuries which is in the form of a head injury would certainly cause difficulties, embarrassment, temporary disability and loss of amenities and enjoyment in life. So taking into consideration all these aspects I grant Rs.6,000/- for loss of two teeth and Rs.4,000/- for further loss of amenities and enjoyment in life thereby entitling the claimant to an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- 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/-