IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 MACA.No. 2647 of 2008(D) ----------------------- OPMV.2752/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN THE OP(MV) -------------------------------------- SINDHU, W/O.GOPINATH, AGED 32 YEARS, PULIYATTU HOUSE, KALAPATHOOR POST, MEPPAYOOR VIA, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OP(MV) ---------------------------------------- 1. T.K.BASHEER, THADATHIKANDIVEEDU, MEPPAYYOOR POST, KOYILANDY, KOZHIKODE. 2. SAKEER, S/O.POCKER, AGED 36 YEARS, KIZHAKKEYIL VALAPPIL VEEDU, ELATHUR POST, KOZHIKODE. 3. THE ORIENTAL INSURANCE CO.LTD., SREENIDHI BUILDING, VADAKKARA. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2647 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of October, 2009. 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)2752/02. The claimant, a 26 year old housewife sustained injuries in a road accident whereby she has sustained facial injuries and had affected mobility of 5 teeth. She had undergone a prolonged treatment and the Tribunal was also satisfied about the same. Learned counsel for the appellant also made available before me the documents in connection with the treatment. She had a mandible fracture as well and it had taken a long time for her to come to normalcy. Even if she is a house wife fixing the income at Rs.1,750/- she will be entitled to loss of income of Rs.5,250/- out of which only Rs.1,500/- has been granted. So she is entitled for an additional compensation of Rs.3,750/-. Similarly she has visited the hospital for almost a period of two years and therefore towards that I enhance the transport expenses by M.A.C.A. 2647 OF 2008 -:2:- Rs.1,000/-. Similarly when one undergoes repair of the teeth that too for a long period of two years it will certainly cause loss of amenities and enjoyment in life for which I enhance the compensation by Rs.2,000/-. It is also very clear that she would not have been in a position to take solid food at all for some time and therefore her capacity to take solid food would have greatly increased and necessarily should have been supplemented with nutritious liquid diet. I award a sum of Rs.1,250/- for the same. Thus the claimant will be entitled to an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7.5% 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/-