IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 1227 of 2007(A) -------------------------------- OPMV.2679/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT -------------------------------- SMRIDULA,W/O.PRAKASH, KIZHAKKE ULLATTIL HOUSE, (N) S.V.COLONY,ERANHIPALAM POST, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: RESPONDENTS ---------------------------------- 1. SADANANDANK.K., S/O.CHANDUKUTTY, KOTTAKUNNUMMAL HOUSE, UNNIKULAM AMSOM DESOM, VIA-KOYILANDY,KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD EAST NADAKKAVU, THRIPURI BUILDING, KOZHIKODE. 3. C.I.SUMATHI, W/O.GOPALAN, SAGNGAM,VALOLPURAYIL, KANNANNUR POST. BY ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1227 OF 2007 = = = = = = = = = = = = = = = Dated this the 2nd day of September, 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)2679/01. The claimant, a 31 year old lady sustained injuries in a road accident and was treated as an inpatient in the Medical College Hospital for a period of one day and thereafter continued outpatient treatment. A discussion in the award itself would reveal that she had mobility of 4 teeth, haematoma over the lip, a fracture on the nasal bone and suspected head injury. But fortunately there was no problem for her on account of the injury on the head. The Tribunal has awarded a compensation of Rs.14,036/-. 2. I have heard the learned counsel at length and I find the compensation awarded by the Tribunal for loss of amenities and disfiguration of nose appears to be inadequate. When a 31 year old lady sustains a slight disfiguration of the nose and also when she had a mobility of M.A.C.A. 1227 OF 2007 -:2:- 4 teeth coupled with haematoma on the lip certainly it would have caused him loss of amenities and enjoyment in life as well as a sort of worry on account of that disfiguration. So I award Rs.6,000/- together under the head of loss of amenities as well as for disfiguration which means the claimant is entitled to an additional compensation of Rs.3,500 under that head. On account of this, certainly she would have been prevented from doing any work for four to six weeks. Therefore I enhance that compensation by Rs.1,000/- more. So the claimant will be entitled to an additional compensation of Rs.4,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,500/- 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/-