IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 1844 of 2007(A) --------------------------------- OPMV.592/2000 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN O.P.(MV) : ---------------------------------------------- LEELA, AGED 28 YEARS, W/O. BABU, RESIDING AT KUZHICHALIL HOUSE, P.O.VELAM,KUTTIADI VIA, VELAM AMSOM, CHERUKUNNU DESOM,KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN O.P. (MV) : ------------------------------------------------------ 1. MOIDEEN HAJI, AGE NOT KNOWN, S/O. ABDULLA MUSALIYAR, RESIDING AT KUNNOTH HOUSE P.O. VILLYAPALLI,VADAKARA, KOZHIKODE. 2. UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE 2, 2ND FLOOR, SEEMA TOWER, BANK ROAD JUNCTION, KOZHIKODE. 3. BIJU.P., AGED NOT KNOWN,S/O. O.BALAN, RESIDING AT JISHALAYAM, P.O. KURUVATTOOR, KOZHIKODE. 4. THE ORIENTAL INSURACNE COMPANY LIMITED, DIVISIONAL OFFICE, SEEMA BUILDING, P.B.NO-18, G.H.ROAD, KOZHIKODE. BY ADV. SMT.T.C.SOUMIAVATHY - R2 DR.ELIZABETH VARKEY - R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1844 OF 2007 --------------------- Dated this the 8th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 592/00. The claimant sustained injuries in a road accident and she was treated as outpatient in the Medical College Hospital, Kozhikode. 2. Learned counsel for the appellant made available before me the record relating to her treatment. At the time of admission there was restriction for mouth opening and tenderness was present on the TMJ region. There was edema and laceration of the lower lip. She was administered pain killers as well as antibiotics. When she again saw the Doctor on 25.2.00 an X-ray was taken and as it was not clear, fresh X-ray was recommended. On that day also, medicines had been prescribed. Subsequently X-ray revealed that there was no fracture of any bone but there was always a suspected contusion on the TMJ region. Doctor advised to take five more days medicines and get it again reviewed. On 2.3.00 there MACA No. 1844/07 2 was subsiding of the contusion on the TMJ region. Again she was asked to take medicines for 10 more days. So it can be seen that this lady had suffered a lot though the injury is not very serious. Certainly it would have effected even her capacity to take solid food and she would not have been in a position to do work for sometime. Therefore taking into consideration all this aspect, I feel this is a fit case where a total compensation of Rs.5,000/- has to be awarded. The Tribunal has already awarded Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.3,000/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 6% interest on the said sum from the date of petition till realisation. The 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 vps MACA No. 1844/07 3