IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 MACA.No. 723 of 2009() ---------------------- OPMV.506/2003 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT: CLAIMANT ---------------------- P.T.ABDUL NAZIR, S/O.KUNHAHAMMED, AGED 39 YEARS,NAVAS MANZIL, MEEMPALODI PARAMBU.PO, GURUVAYOORAPPAN COLLEGE, KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS: RESPONDENTS -------------------------- 1. C.M.RAVINDRAN, AGED NOT KNOWN,SREEPADAM HOUSE, P.O.ALANKODE,CHANGARAMKULAM,MALAPPURAM. 2. THE NEW INDIA ASSURANCE COMPANY LTD, PERINCHERY BUILDING, ROUND NORTH, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ----------------------------- M.A.C.A No.723 of 2009-A ------------------------------ Dated this the 22nd day of December, 2009. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in O.P(MV) No.506 of 2003. The claimant, a 34 year old man sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.24,221/-. Dissatisfied with the amount, the claimant has come up in appeal for enhancement. A perusal of the award would reveal that the claimant was admitted in National Hospital, Kozhikode with a fracture in mandible right ankle, tenderness on right angle of mandible and there was restriction of opening the mouth. He was treated as inpatient in the hospital from 29.9.2002 till 7.10.2002. It is also seen that one of his tooth has been extracted. He had expended a sum of Rs.5,171/- as medical expenses. After going through the materials I find that the claimant is entitled to some more compensation under the following heads. A young man aged 34 has suffered fracture on the right angle of the mandible. Mandible is a large bone constituted in the lower jaw. It connects the lower teeth and M.A.C.A No.723 of 2009-A 2 consists of horizontal portion. It is in that right angle, the fracture had taken place and that is why it is noted that there is some derangement. So certainly, the person would have suffered excruciating pain and similarly he would have lost the amenities and enjoyment in life for sometime. Therefore I award Rs.2,000/- each under those heads. When a young man aged 34 loose a tooth a minimum amount of Rs.4,000/- at least has to be awarded and therefore I award a further sum of Rs.2,000/-. On all other heads there is proper compensation. Therefore M.A.C.A is partly allowed and the claimant is awarded additional compensation of Rs.6,000/- with 7% interest per annum from the date of petition till realization and the respondent insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of this judgment. Disposed of accordingly. Sd/- M.N.KRISHNAN JUDGE //True Copy// PA to Judge ab