IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 187 of 2006(D) ------------------------------- OPMV.1749/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER : ------------------------------- LAILA, W/O.PAREETH, AGED 30, RESIDING AT PONNIRICKAL HOUSE, NERIAMANGALAM, KOTHAMANGALAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS/RESPONDENTS : -------------------------------------- 1. P.M.KURIAKOSE, S/O.MATHAI, PUTHUSEERY HOUSE, PANIPARA P.O., KOTHAMANGALAM. 2. REJI KURIAKOSE, S/O.KURIAKOSE, TZHATTIKODEN HOUSE, KURUPPAMPADY, PERUMBAVOOR. 3. M/S.UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, PERUMBAVOOR. 4. K.V.BABY, S/O.K.V.VELAYUDHAN, KUDUVATHIL HOUSE, CHENGAL, KALADY. 5. ANTONY P.T., S/O.THOMAS, PADAYATTY HOUSE CHENGANAL, KALADY, VADAKKUMBHAGAM VILLAGE. 6. M/S.NATIONAL INSURANCE CO LTD., DIVISIONAL OFFICE P.B.NO.89, URAMBATH BUILDING, PUMP JUNCTION, ALUVA. ADV. SRI.LAL GEORGE - R6 SRI.P.M.M.NAJEEB KHAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 187 OF 2006 --------------------------------- Dated this the 17th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Muvattupuzha in O.P.(MV) No.1749/2001. The claimant, a 26 year old lady, sustained injuries in a road accident and the documents would reveal that she has loosening of three teeth. She was referred to a Dental Surgeon. She had visited a dental hospital at Thazhathoot, Kothamangalam and then Government Hospital, Thodupuzha and lastly Govt. Hospital, Muvattupuzha. What was diagnosed was that there was loosening of the teeth with no damage to the teeth. She had inflamation of knee joint and she was asked to take conservative treatment. The Tribunal found that there is no injury sustained by the lady and disallowed the claim. This approach of the Tribunal is found to be erroneous which requires correction. On account of the accident a young lady at the age of 26 years had sustained loosening of three teeth besides having a contusion on the knee which has resulted in traumatic arthritis. It is a case wherein I am inclined to grant the claimant reasonable compensation. I fix the compensation at M.A.C.A.No. 187/2006 -2- Rs.5,000/- with 6% interest. In the result, the M.A.C.A. partly allowed and the award passed by the Tribunal is set aside. The claimant is awarded compensation of Rs. 5,000/- with 6% interest on the said sum from the date of petition till realisation from respondents 1 to 3 jointly and severally. The 3rd respondent Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm