IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 992 of 2005() ---------------------- OPMV.527/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: ---------------------------- ANIL BOSE, AGED 18 YEARS, S/O. GEORGE KAVERI, STUDENT, PERMANENTLY RESIDING AT KAVERI HOUSE, P.O. ANGADIKKADAVU-670 706, THALASSERY TALUK. BY ADV. SRI.P.M.PAREETH SRI.M.BENNY JOSEPH RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KARNATAKA STATE TRANSPORT CORPORATION, KM ROAD SHANTHI NAGAR, BANGALORE-1, (OWNER OF THE BUSES KA-01-F-6571 AND KA-01-F-6682). 2. MOHAMMED SULAIMAN, S/O. MOHAMMED GHOUSE, NO.126, JANSDAMAN STREET, P.O. MALLUR, CHITTUR DISTRICT. (A.P), (DRIVER BUS NO.KA-01-F-6571). 3. DHANAPAL, S/O. NARAYANA SWAMY, DOOR NO.52/1, JOWARAYYA GARDEN, T.H. NAGAR, BANGALORE. (DRIVER BUS KA-01-F-6681). ADV. SRI.SHEJI P.ABRAHAM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.992 of 2005 ---------------------------------- Dated this the 14th day of June, 2010 J U D G M E N T ---------------------- Abdul Rehim, J. Claimant before the Addl:Motor Accidents Claims Tribunal, Thalassery in O.P.(MV) No.527/2000 is in appeal seeking enhancement of the compensation awarded. The appellant was aged 18 years at the time of accident and he was studying for 1st year Degree course. The accident occurred on 16.10.1999 when a Bus in which he was travelling collided with another Bus. Due to the impact the appellant lost 4 teeth on the upper jaw, one tooth on the lower jaw and fracture of 3 other teeth, along with a lacerated injury on the chin. He was treated as in-patient for 20 days at the Medical College Hospital, Calicut. Thereafter he continued prolonged treatment as out-patient. The Tribunal awarded a total compensation of Rs.29,250/-. 2. Learned counsel for the appellant contended that the accident occurred at Kannur and he was first admitted at a local hospital. Thereafter treatment was shifted to Medical College Hospital, Calicut. Even after the in-patient treatment MACA.992/05 2 the petitioner had to incur frequent travel for further consultations and treatments, including consultation of Dental Surgeons. Therefore it is contended that the amount of Rs.1800/- awarded by the Tribunal is highly inadequate. Discarding of evidence regarding transportation expenses to the tune of Rs.15,000/- was not justifiable, is the contention. 3. Considering the fact that the appellant might have incurred frequent travel connected with his treatment, we feel that the amount awarded under the head of transportation can justifiably be enhanced to Rs.5,000/-. This will entitle the appellant for an additional compensation of Rs.3,200/-. 4. It is further contended that eventhough no Disability Certificate assessing extent of disability was produced, Exts.A4, A14 & A15 certificates of the Doctors attached to the Dental Care Centre, Kannur were not adverted by the Tribunal. The Tribunal also failed to take note of the amounts incurred by the appellant for such consultations and also about the amounts needed for replacement of the lost teeth and closing of the fractured teeth to natural dentition. 5. We have occasion to peruse copies of Exts.A4, A14 MACA.992/05 3 & A15 certificates. In Ext.A4 certificate issued on 2.3.2000 the Doctor opined that for replacement and closing of the teeth an amount of about Rs.18,000/- is required. Ext.A14 certificate is issued by the very same Doctor on 5.2.2004. This reveals that the appellant has not chosen to undergo such treatments till the year 2004. In Ext.A14 it is stated that the treatments as proposed above will incur a cost of around Rs.30,000/-. It is also revealed from Exts.A4 and A15 that the petitioner had incurred Rs.1,500/- and Rs.4,000/- respectively for the above said consultations. Inspite those certificates, the claimant was awarded only an amount of Rs.1,000/- towards medical expenses. Considering the future treatment required the Tribunal ought to have allowed a sum of Rs.30,000/- is the contention. We are inclined to enhance the compensation awarded under the head of medical expenses to Rs.5,000/- which will entitle the appellant for an additional sum of Rs.4,000/-. It is evident from medical records pertaining to the criminal case as well as from the above said certificates produced by the claimant that, he had lost 4 teeth on the upper jaw and one tooth on the lower jaw and also sustained fracture to three other teeth. Therefore it is necessary that the claimant should undergo fixation of MACA.992/05 4 artificial teeth and repair of the damaged teeth. Eventhough the consultant Dentist had opined in Ext.A14 that an amount of Rs.30,000/- will be required for such treatments, in our moderate estimation we are inclined to award a sum of Rs.20,000/- under this head. Therefore the appellant is awarded with a sum of Rs.20,000/- for replacement and repair of the teeth and for continued treatment. 6. In the result the appellant will be entitled for a total enhancement of Rs.27,200/- (3200+4000+20000) over and above the amount of Rs.29,250/- awarded by the Tribunal. The additional compensation awarded will carry interest @ 9% per annum from 22.4.2000, i.e., from the date of application, till payment. 7. The 1st respondent is directed to make payment of the said amount within two months from the date of receipt of a copy of this judgment. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb