IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 MACA.No. 289 of 2008() ------------------------------------- OPMV.823/1999 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): PETITIONER: ------------------------- M.DINESH KUMAR, AGED 41 YEARS, S/O.NALLAPERAVAN, MANNARAKAL HOUSE, P.O.KARUMARAKKADU, VAZHAKKADU, MALAPPURAM DISTRICT BY ADV. MR.JACOB ABRAHAM RESPONDENT(S): RESPONDENT: -------------------------- 1. K.ASLAM, S/O.KUNHIKOYA, KALLINGAL HOUSE, IDIYANGARA, KOZHIKODE 673 002. 2. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.11, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE 673 004. R2 BY ADV. MR.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 289 OF 2008 = = = = = = = = = = = = = = = Dated this the 10th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the First Additional Motor Accidents Claims Tribunal, Kozhikode in O.P. (MV)823/99. The claimant, a 33 year old auto rickshaw driver by profession sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.17,650/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for both the sides. Learned counsel for the appellant had made available before me the relevant documents for perusal to determine the compensation. The claimant was admitted in the hospital on 12.1.99 and discharged on 14.1.99. It would reveal that the claimant had sustained a lacerated wound on the right temporal region, lacerated wound on the upper limb with edema and pain and palpitation over the left maxillary region and chin and fracture of two teeth. Investigation revealed M.A.C.A. 289 OF 2008 -:2:- fracture of two teeth and the X-ray of the shoulder did not reveal any fracture nor did survical spine or the skull. It can be seen that this person had attended the Dental Department of the Medical College Hospital continuously from 11.1.99 to 22.2.99. It is also seen that from the Dental Specialist Centre treatment, has been taken for which an amount of Rs.1,400/- has been paid by him. I feel little more enhancement is necessary as compensation on the following grounds. 3. It is seen that he has virtually visited the hospital for almost two months and being an auto rickshaw driver by profession I grant him a sum of Rs.2,000/- more towards loss of earnings. He had fracture of two teeth and crowning etc. has been done and certainly it would have incurred more expenses than what is shown and therefore I enhance that compensation for fracture of teeth by Rs.2,500/-. Similarly it would have caused him temporary loss of amenities and enjoyment in life especially in the intake of food and that too at the age of 33 years. I grant him a sum of Rs.2,000/- M.A.C.A. 289 OF 2008 -:3:- under that head, thereby entitling him an additional compensation of Rs.6,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/- with 7% interest on the said sum from the date of petition till realisation and the respondent, 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/-