IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 M.A.C.A.No. 5 of 2007(A) -------------------- OP(MV).40/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/PETITIONER: ----------------------- RAJU.T.,S/O.JOHN, KUTTIYIL VEEDU, MARUTHI MOODU, ADOOR TALUK. BY ADV. SRI.M.NARENDRA KUMAR RESPONDENTS/RESPONDENTS: ------------------------- 1. ABRAHAM, S/O.UNNOONNI, KALATHIVILAYIL, ERAVICHIRA KIZHEKKU MURI, SOORANADU SOUTH VILLAGE, KUNNATHOOR TALUK. 2. MADHU, S/O.JANARDHANAN, BHAGAVATHI AYYATHU HOUSE, EDAKKADU MURI, PORUVASHI VILLAGE. 3. UNITED INDIA INSURANCE CO. LTD., NO.197270 HEAD OFFICE, 24, WHITE ROAD, MADRAS- 600 014, REPRESENTED BY DIVISIONAL MANAGER, KOLLAM. 4. G.KRISHNA PANICKER, G.P.BHAVAN, KOYPALLIKARIMA, PERINGALA, MAVELIKARA. 5. NATIONAL INSURANCE CO. LTD., P.B.NO.60, 1ST FLOOR, AISWARYA BUILDING, N.H. 47, KAYAMKULAM. BY ADV. SRI.LAL GEORGE - R5 SRI.A.R.GEORGE - R3 SRI.K.V.GOPINATHAN NAIR - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008 ALONG WITH M.A.C.A. 7 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J ===================== MACA Nos.5 & 7 OF 2007 ===================== Dated this the 17th day of July 2008 JUDGMENT These appeals are preferred against the award of the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV)Nos.40 & 22 of 1999. Both the claimants sustained injuries and in O.P.(MV)No.40 of 1999 an amount of Rs.18,000/- was awarded and in O.P.(MV)No.22 of 1999 an amount of Rs.21,000/- was awarded. Dissatisfied with the awards the claimants have come up in appeal. 2. Heard both sides. A perusal of the award in O.P.(MV)No.22 of 1999 would reveal that he was a head load worker aged 37 years and that he had sustained tenderness over the right side of the chest, tenderness over the left knee, loss of teeth, etc. It will further show that he was treated as an inpatient in the Government Hospital, Adoor from 17.6.1998 to 25.6.1998 and a further treatment in the Government Hospital, Pathanamthitta as an inpatient for 9 days from 8.7.1998 to 17.7.1998. A perusal of the award would further reveal that the claimant had lost 4 teeth in the accident. The Tribunal only awarded a sum of Rs.5,000/- towards loss of earning. Being a MACAs 5 & 7/2007 -:2:- head load worker by profession, I fix his income at Rs.2,000/-. On account of various injuries involving the teeth and subsequent extraction of the same he would not have been in a position to work for a period of 2 months. Therefore I fix his loss of earning as Rs.4,000/-, deducting Rs.1500/-already granted, an additional compensation of Rs.2500/- is granted. So far as it relates to the loss of amenities compensation, it has to be seen that this man at the age of 37 lost 4 teeth and at the rate of Rs.3,000/- per tooth he is entitled to Rs.12,000/- for which Rs.8000/- is already granted by the Tribunal. Therefore I award Rs.4,000/- under that head. So the claimant will be entitled to an additional compensation of Rs.6,500/- in that case. 3.So far as O.P.(MV)No.40 of 1999 is concerned, he was aged 23 years and was working as telephone line worker. He had also sustained fracture of the tooth and two teeth had been removed, one tooth was fractured and another tooth was loosened. Here also he was treated as an inpatient in the hospital for 8 days and certainly he would not have been in a position to do the work. Fixing his income at Rs.2,000/- he will be entitled to an additional compensation of Rs.1,500/- under the head loss of earning. For the loss of 3 teeth at the rate of Rs.3,000/- per tooth and fracture of the another tooth with loosening he may be entitled to a compensation of Rs.9,000/- for which Rs.6,000/- is already granted. So, he will be entitled to MACAs 5 & 7/2007 -:3:- Rs.3,000/- more making a consolidated amount of Rs.4,500/-. In the result, the MACAs are partly allowed and the claimant in MACA 5 of 2007 is entitled to an additional compensation of Rs.4,500/- with 7% interest on the said sum from the date of petition till realisation and the claimant in MACA No.7 of 2007 is entitled to an additional compensation of Rs.6,500/- with 7% interest on the said sum from the date of petition till realisation. In both the cases, the 3rd respondent 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 Cdp/-