IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 MACA.No. 1329 of 2005() ----------------------- OPMV.981/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER. -------------------------------------- PURUSHOTHAMAN, S/O.VELAYUDHAN, CHANADIEL HOUSE, PADIYOOR P.O. VALAVANAD, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS: RESPONDENTS. ------------------------- 1. P.G.RADHAKRISHNAN, PALLATHERY HOUSE, MATTATHOORKUNNU, MATTOM P.O. THRISSUR DISTRICT. 2. SUNIL KUMAR, S/O.CHANDRAN, ALOORPARAMBIL HOUSE, MURIKKAL DESOM, VELLIKULANGARA, THRISSUR DISTRICT. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, KURUPPAM ROAD, THRISSUR DISTRICT. 4. AMBIKA, W/O.VIJAYAN, PATTIKKADAN HOUSE, CHEMBUCHIRA P.O. KODAKARA, THRISSUR DISTRICT. 5. SANTHOSH KUMAR, S/O.LATE VIJAYAN, PATTILIKKADANHOUSE, CHAMBUCHIRA P.O. KODAKARA, THRISSUR DISTRICT. 6. SANTHOSH KUMAR, S/O.VIJAYAN, PATTILIKKADAN HOUSE, CHEMBUCHIRA, KODAKARA P.O. KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1329 OF 2005 --------------------- Dated this the 15th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 981/97. The claimant, a toddy tapper by profession aged 43 years, sustained injuries in a road accident as a result of which he had lost two teeth besides lacerated wound and abrasion on the forehead, shoulder area, knees and right side of the chest. He was treated as inpatient for six days. He has produced a disability certificate claiming 40% permanent disability and 80% temporary disability due to dental fracture. The Tribunal has very rightly rejected that disability certificate. 2. Considering the fact that the claimant has lost two teeth, he is given an additional compensation of Rs.1,000/-. On account of various injuries on different parts of the body coupled with the loss of two teeth, he would not have been in a position to do work for a period of one month. So I enhance the compensation for loss of earning by Rs.750/-. Of these injuries, the bleeding injury from the MACA No.1329/05 2 mouth and loss of two teeth has caused him pain for some days. I enhance the compensation for pain and suffering by Rs.1,500/-. On all other heads the Tribunal has awarded a reasonable compensation. Therefore, the claimant will be entitled to an additional compensation of Rs.3,250/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,250/- with 6 % interest on the said sum from the date of petition till realisation from the respondents. The 3rd respondent 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.1329/05 3