IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 1086 of 2009(A) ----------------------- OPMV.292/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER IN M.V.O.P ----------------------------------- MANIKANDAN, S/O.KRISHNAN, PARUVAKKIL HOUSE, KOTTEKKADU DESOM, KANNAMBRA, PALAKKAD. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): RESPONDENTS IN M.V.O.P ----------------------------------------------- 1. P.PRABHAKARAN, MANAKKINCHARATH HOUSE, KILLIMANGALAM, THRISSUR. 2. BABU, S/O.JOSE, PULIKKOTTIL HOUSE, KONATHUKUNNU, THEKKUMKARA. 3. UNITED INDIA INSURANCE CO.LTD., ALENGADAN BUILDINGS, TANA, IRINJALAKUDA. ADV. SRI.P.GOPALAKRISHNA MENON FOR R1 SRI.M.JITHESH MENON FOR R1 SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1086 OF 2009 = = = = = = = = = = = = = = = Dated this the 25th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)292/03. A 34 year old man sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.16,500/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The accident had taken place on 28.9.02. He was treated in Elite Mission Hospital, Thrissur. A document issued on 11.11.02 would reveal that he had sustained mobility Gr.II of two teeth and one tooth was seen missing. The doctor also had certified that he had sustained dento alveolar fracture. It is true that the disability certificate can be used in order to fix the compensation for the loss of amenities as well as for the loss of tooth. A 34 M.A.C.A. 1086 OF 2009 -:2:- year old man losses a tooth of his lower jaw and therefore I feel considering the age factor and youthfulness of the man an amount of Rs.5,000/- can be given for the loss of tooth. When there is a alveolar fracture and it required a prolonged treatment certainly it would have affected his enjoyment for some point of time as well as he would have been deprived of from enjoying proper food. So considering that towards loss of amenities I am inclined to grant Rs.5,000/- more, thus making a total compensation of Rs.10,000/- out of which Rs.4,000/- had been paid and so the additional compensation under the head of loss of teeth and loss of amenities would come to Rs.6,000/- certainly. He would have been deprived of doing any work for one month for which I enhance the compensation by Rs.1,250/- thus making the additional compensation at Rs.7,250/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,250/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed M.A.C.A. 1086 OF 2009 -:3:- 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/-