IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 MACA.No. 719 of 2007(C) ----------------------------- OPMV.1593/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER --------------------------------- C.V.SUJITH, CHAMUNDI VALAPPIL HOUSE, PAYYANAKKAL, KALLAI P.O., KOZHIKODE-3. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENTS: RESPONDENTS ------------------------------------- 1. P.KRISHNANKUTTY, S/O. VELAYUDHAN MENOCKY, CHENGOTTU HOUSE, PERUVAYAL AMSOM, PERUVAYAL P.O., KOZHIKODE. 2. SMT. VALSALA, W/O. SREEDHARAN, VATTAMPURATH HOUSE, IV/318, ERANHIKKAL P.O., ELATHUR, KOZHIKODE. 3. THE ORIENTAL INSURANCE COMPANY LTD., P.B.NO.27, SREENIDHI BUILDING, NARAYANA NAGARAM, VADAKARA-673 101. BY ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 719 OF 2007 = = = = = = = = = = = = = = = Dated this the 29th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1593/00. The claimant, while travelling in a bus sustained injuries as a result of which he had undergone treatment for the injury on the teeth and the Tribunal awarded a compensation of Rs.12,500/-. It is aggrieved by that decision the claimant has come up in appeal. 2. The claimant as PW1 had deposed before the Tribunal that a portion of the broken teeth alone was removed during the treatment. It can be seen from the case sheet of the Medical College Hospital which was made available before me for perusal that he had gone to hospital on many occasions and brace was applied as the upper jaw was dislocated and it was there for almost two months. So taking into consideration that aspect, the inconvenience that would have been caused, he has to be compensated and M.A.C.A. 719 OF 2007 -:2:- therefore I increase the amount by way of awarding Rs.2,000/- under the head of loss of amenities and enjoyment in life. Similarly, when a portion of a broken tooth is removed it will also cause much difficulty for which I award another Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.3,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 6% 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/-