IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 818 of 2003() ---------------------- OPMV.464/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ----------------------------------------- THOMAS, S/O. KOCHUDEVASSY, KANJIRATHINKAL HOUSE, ANNANAD P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------- 1. TOJI ANTONY, S/O. N.I.ANTONY, NJARAKADAN HOUSE, POTTA P.O., THRISSUR DISTRICT. 2. V.O.ANTU, S/O. OUSEPH, VELIYAN HOUSE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. THE MANAGER, KERALA STATE INSURANCE DEPARTMENT, AYANTHOLE, THRISSUR. BY GOVERNMENT PLEADER SRI. V.T.K.MOHANAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 818 OF 2003 --------------------- Dated this the 18th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 464/98. The claimant sustained injuries in an accident that took place on 20.8.97. He has been awarded a total compensation of Rs.15,000/- by the Tribunal. It is against that decision, the claimant has come up in appeal. 2. Heard the counsel appearing for both sides. The claimant was a concrete worker aged 27 years. A perusal of the medical records would reveal that he had haematoma over the forehead and lacerated wound on the upper lip. It also reveals that he had sustained fracture of one tooth and had undergone root canal treatment. There was also mobility of two teeth. He was treated as inpatient in the hospital for 6 days. The Tribunal has awarded a compensation of Rs.6,000/- towards pain and suffering. 3. When a person sustains injury on the face involving fracture of the teeth which has resulted in undergoing root canal MACA No. 818/03 2 treatment, one can imagine the pain that would have been undergone by him. Therefore, I enhance the compensation for pain and suffering by Rs.2,000/-. Being a 27 year old concrete worker, his income should have been taken at Rs.2,000/-. Therefore, I enhance the compensation for loss of earning by Rs.1,000/- for two months. The Tribunal itself has found that there has been considerable difficulty for the person to chew on account of the fracture of the tooth and mobility of two teeth. Therefore, an amount of Rs.2,000/- can be awarded under the head of loss of amenities and enjoyment in life as additional compensation. Therefore the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 818/03 3