IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 MACA.No. 2810 of 2008() ---------------------------- OPMV.264/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA ................................................................................................. APPELLANT(S): PETITIONER ------------------------------- GANGADHARAN NAIR, S/O. RAVUNNI NAIR, MANGOTTUMMEL HOUSE, KUPPADITHARA AMSOM, DESOM, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. MR.CELINE JOSEPH RESPONDENT(S): RESPONDENTS ------------------------------------- 1.KHALID, S/O. MOIDU, KOTTAYAKKARAN HOUSE, KOTTATHARA AMSOM, CHEERATH, VYTHIRI TALUK, WAYANAD DISTRICT. 2.NAZAR.K, S/O. MOIDU, KOTTAYAKKARAN HOUSE, KOTTATHARA AMSOM, CHEERATH, VYTHIRI TALUK, WAYANAD DISTRICT. 3.UNITED INDIA INSURANCE CO. LTD., P.B. NO. 41, MAIN ROAD, KALPETTA. 4. SHAJU, S/O. ABRAHAM, MATHAPPARA HOUSE, KAVUMMANNAM AMSOM, MANJOORA.P.O, VYTHIRI TALUK. 5.SMT.N.V. THERASSIAMMA, W/O. SHAJI, KANHIRATHANAM HOUSE, MANJOORA.P.O, PADINJARA THARA, VYTHIRI TALUK. 6. NATIONAL INSURANCE CO. LTD., P.B. NO. 11, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE - 673 004. 7. SHAJAHAN, S/O. MOIDUTTY, KUNNINGARATH HOUSE, KOTTATHARA.P.O, VYTHIRI TALUK. 8. KHALID, S/O. MOIDU, KOTTAYAKKARAN HOUSE, KOTTATHARA.P.O, VYTHIRI TALUK. ADV. MR.E.M. JOSEPH FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------ M.A.C.A. No. 2810 OF 2008 ------------------------------------------ Dated this the 11th day of December, 2009 JUDGMENT This is an appeal preferred against the award of the claims Tribunal, Kalpetta in O.P(M.V)No.264/99. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.12,250/-. Dissatisfied with the same, the claimant has come up in appeal. 2. The amount is ordered to be paid by the Insurance Company namely R3 and R6 equally. 3. Heard. A perusal of the award would reveal that the claimant was a 53 year old labourer and that he had sustained large number injuries which are in the form of abrasion and really the major injury was relating to teeth and 9 teeth had to be extracted. The claimant was examined as PW1. The Doctor had certified that 9 teeth of M.A.C.A. No. 2810 OF 2008 2 the claimant had to be extracted. It is on this basis, the compensation has to be fixed. The Tribunal had fixed the income at Rs.2,100/- under per mensum and just awarded Rs.500/- towards loss of earning. 4. When a person had sustained injuries all over the body and undergone treatment under the hospital which necessitated extraction of 9 teeth, it is certain that he would not have been in a possession to do any work for a period at least 6 weeks. If that is taken into consideration, the claimant will be entitled to Rs.3,150/- towards loss of earning out of which 500/- is granted. Therefore an additional compensation of Rs.2,650/- is awarded that head. When injuries are inside the mouth that corresponded to superficial injuries on the face, coupled with the extraction of 9 teeth, certainly he would have been administered extra nutritious food for which I awarded an additional sum of Rs.400/-. Similarly towards bystanders expenses, M.A.C.A. No. 2810 OF 2008 3 considering the period of hospitalization, I enhance it by Rs.200/-. The main head in which compensation has to be increased is on account of loss of teeth. At the age of 53, 9 teeth are removed, the Tribunal awards 500/- per teeth and it appears to be inadequate. When a person looses the natural teeth, it will cause difficulties for him in eating properly and it will have other impact as well. Considering the fact of his age Rs.18,000/- towards loss of 9 teeth is a reasonable compensation. Thus he would be entitled to Rs.13,500/- more under that head. Now a person on account of the injuries sustained on the face which resulted in the extraction of teeth would have suffered agonizing pain and loss of amenity and enjoyment of life. For which only a sum of Rs.5,000/- is awarded. I enhance it by Rs.3,000/- and therefore the claimant is entitled to an additional compensation of Rs.19,750/-. Though the learned counsel pleads for enhancement of interest rate since the Tribunal has exercised his discretionary jurisdiction. I do not M.A.C.A. No. 2810 OF 2008 4 propose to interfere. Appeal is partly allowed. The claimant is awarded an additional compensation of Rs.19,750/- with 6% interest on the said sum. The Insurance Companies R3 and R6 are directed to deposit equal halves of the amount within a period of 60 days from the date of the receipt of copy of the Judgment. M.N.KRISHNAN, JUDGE ss