IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 159 of 2008(D) -------------------------------- OPMV.1138/1999 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) : --------------------------------------------------- LEELA K.T., D/O. VELANDY, AGED 30 YEARS, KUPPANA THAZHE HOUSE, KAKKODI POST, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT/RESPONDENTS IN THE OP(MV) : --------------------------------------------------------- 1. HUSSAIN, S/O. MOIDU, KALAYADAMKANDY HOUSE, NADUVANNOOR POST,KOZHIKODE. 2. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD, KOZHIKODE. BY ADV.T.C.SOUMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 159 OF 2008 --------------------- Dated this the 24th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1138/99. The claimant, an Anganvadi teacher by profession, sustained injuries in a road accident and the Tribunal awarded her a compensation of Rs.11,700/-. Dissatisfied with the said decision, the claimant has come up in appeal for enhancement of compensation. 2. Heard the counsel appearing for both sides. The claimant had a contusion on the lip and a lacerated wound on the elbow. She had mobility of one tooth on account of the injury sustained. It was also noticed that crown of that tooth was affected and tenderness was noted on the other tooth. She had to undergo root canal treatment. The Tribunal accepted the case that root canal treatment has been done but opines that it can be had even in other cases. 3. Here, the claimant had gone to the hospital only on account of the injury sustained by her in the accident. So it may not be correct to hold that root canal was done for some other purpose especially when it is clear from the documents produced that she had sustained injuries on the teeth. 4. Learned counsel had made available before me the treatment records of the dental department of the Medical College Hospital. MACA No. 159/08 2 It would show that she had attended that hospital on very many occasions always with the complaint of pain. It is a well established factum that root canal treatment requires large number of sittings and that it cause excruciating pain. This aspect has not been properly considered by the Tribunal. Similarly when root canal treatment is done, there will be limitations in the consumption of solid materials especially hard substances. The nature of the treatment would indicate that she would not have been in a position to do any work atleast for a period of two months. Therefore, I enhance the compensation as follows: There will be an enhanced compensation of Rs.1,200/- towards actual loss of earning, Rs.2,500/- towards pain and suffering and Rs.2,000/- towards loss of amenities and enjoyment in life. Thus the claimant will be entitled to an additional compensation of Rs.5,700/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,700/- with 6% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 159/08 3