IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 547 of 2004 ------------------------------------ OPMV.755/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT : APPELLANT/PETITIONER -------------------------------------------------------------- MRS.LAISAMMA, AGED 27 YEARS, W/O. THOMAS @ JOY, CHERIYANMAKKAL HOUSE, KURINJI KARA, RAMAPURAM. BY ADV. SRI.M.K.DILEEPAN SRI.DEEPAK T.NEDUNGADAN RESPONDENTS/RESPONDENTS: --------------------------------------------------- 1. VINOD, S/O. NARAYANAN, KADUVAKUZHIKKAL HOUSE, KANDANADU KARA, KANDANADU VILLAGE. 2. THE UNITED INIDA INSURANCE CO.LTD., THODUPUZHA BRANCH, THODUPUZHA P.O. ADV. SRI.P.MURALEEDHARAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.547 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July 2010 JUDGMENT Basheer, J. Appellant, a house wife, sustained certain injuries in a motor accident. She was 25 at the time of the accident, with a nine month old child to look after. Indisputably she sustained the following injuries as revealed from the Award: 1. Lacerated wounds (linear) over dorsal aspect of (L) middle and ring fingers with cut Ext. Digiforum tendon of (L) middle finger. 2. Missing (R) superior incisor and canine teeth. 2. In Ext.A3 certificate issued by an Orthopaedic Surgeon attached to Marian Medical Centre, Pala, it is seen recorded that the appellant had a temporary partial disability of the (L) middle finger with inability to flex the same fully. The doctor assessed the disability at 5%. 3. The Tribunal, after considering the documentary evidence available on record, awarded a total sum of Rs.22,300/- which comprised of Rs.6,000/- towards medical expenses; Rs.10,000/- under the head of pain and suffering and Rs.5,000/- towards loss of amenities. In other words, the Tribunal did not award any compensation for partial disability as certified by the doctor in Ext.A3. 4. In our view, the tribunal was not justified in denying compensation to the appellant under the head of loss of partial disability. Similarly, the Tribunal ought to have awarded compensation for loss of two teeth as well. Keeping in view the entire facts and circumstances of the case, we are satisfied that the M.A.C.A.No.547 OF 2004 :: 2 :: appellant is entitled to get an additional compensation as indicated hereunder: Compensation for partial disability : Rs.21,600 (2000 x 12 x 5/100 x 18) Loss of two teeth : Rs.10,000 5. Thus, the appellant will be entitled to get an additional compensation of Rs.31,600/-. The above amount shall also carry interest at the rate of 9% from the date of petition till the date of realisation. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes