IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 1660 of 2006() --------------------------------- OPMV.108/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/PETITIONER ------------------- KODINHAN CHOOLAN S/O.CHERIYATHAN- CHATHANKUTTY, AGED 62 YEARS, VALIYAPARAMBIL HOUSE, MAMPURAM P.O., MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT: 3RD RESPONDENT --------------------------- UNITED INDIA INSURANCE CO.LTD., REPRESENTED DIVISIONAL MANAGER, DIVISIONAL OFFICE, MANJERI. BY ADV. SRI.PMM.NAJEEB KHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1660 OF 2006 = = = = = = = = = = = = = = = Dated this the 23rd day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)108/05. The claimant, a 61 year old labourer sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.11,000/-. It is against that decision, the present appeal is preferred. A perusal of the award would reveal that he had lost five teeth in the accident, he had also sustained injuries on the tongue, injuries on the left wrist and injuries to the right lower limb. He was treated an an inpatient for eight days. On account of the accident this man has lost five teeth and ordinarily an amount of Rs.3,000/- is awarded for one tooth of a young man and considering the age of the person I fix it at Rs.1,500/- each and so award an amount of Rs.7,500/- under that head. But when it is taken, normally, loss of amenities will not be separately granted and therefore deducting that amount, the claimant will be entitled to an M.A.C.A. 1660 OF 2006 -:2:- additional compensation of Rs.4,500/- under that head. Certainly, he would have been engaged in some other work for his day-to-day existence and taking a notional income of Rs.1,250/- per mensum I award him one month's loss of earnings as well. On all other heads reasonable compensation is granted by the Tribunal. Therefore, the claimant is entitled to an additional compensation of Rs.5,750/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,750/- with 6% 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/-