IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 MACA.No. 3159 of 2009() ----------------------- OPMV.2124/1999 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- C.V.JANU, W/O.A.K.GOPALAN, AGED 57 YEARS,H 10/A QUARTERS, REC P.O KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS -------------------------- 1. V.P.ABOOBACKER HAJI, S/O.HUSSAIN HAJI, AGED 61, VAZHAPARAMBIL HOUSE, CHATHAMANGALAM P.O., CHATHAMANGALAM AMSOM VENNAKODE DESOM, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE II, CHEROOTTY ROAD, KOZHIKODE DISTRICT. ADV. SRI.M.RAJAGOPALAN FOR R2 SRI.RAJIT FOR R2 SRI.M.L.SURESH KUMAR FOR R2 SRI.RANJIT BABU FOR R2 SRI.V.V.JOY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.3159 OF 2009 ............................................. Dated this the 5th day of April, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2124/1999. A 47 year old Nursing Assistant sustained injuries in a road accident and the tribunal has awarded her a compensation of Rs.19,550/=. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for both sides. A perusal of the award would reveal that she had sustained a dento alveolar fracture, two teeth were extracted and four teeth were damaged in the accident. It is noted that she had sustained a degloving injury and fracture of teeth. It is also seen from the records that those teeth were fixed by arch bar fixation and the two teeth which were lost were replaced with artificial denture. 3. On going through the award I find that following enhancement can be given. Towards loss of two teeth, the tribunal has awarded Rs.5,000/= which I enhance by : 2 : M.A.C.A.No.3159 OF 2009 Rs.2,000/=. Certainly on account of the dento alveolar fracture coupled with displacement of teeth and loss of teeth, there would have been severe pain and sufferings for a considerable number of days especially being an injury which had affected the face. Therefore, I grant Rs.3,000/= more towards pain and sufferings. Similarly there would have been difficulty for the lady to come back to the normal stage and even to take food properly. So towards loss of amenities and enjoyment in life, I award Rs.2,000/= more. Being a case where six teeth were affected with fracture, she would not have been in a position to take solid food for a considerable number of days and therefore I award Rs.1,000/= more towards extra nourishment thereby entitling the claimant to have an additional compensation of Rs.8,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of : 3 : M.A.C.A.No.3159 OF 2009 receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.3159 OF 2009