IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 MACA.No. 658 of 2004() ---------------------- OPMV.1077/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER ---------------------------------- KOCHUVARKEY, S/O. PORINCHU, VITHAYATHIL HOUSE, NEAR ST.RITHA'S CHURCH, CHAMPANNOOR, ANGAMALAY SOUTH P.O. BY ADV. SRI.JOSE THETTAYIL RESPONDENT(S): RESPONDENTS -------------------------- 1. ABDUL RAHIMAN METHAR, S/O. MAYIMMUKUTTY METHAR, SIRAJ MANZIL, NEAR MUSLIM CHURCH, PONNURUNNI KARA, PALARIVATTOM VILLAGE. 2. UNITED INDIA INSURANCE CO.LTD., CITY BRANCH OFFICE II, NO.10/1109, 1ST FLOOR, N.H.ROAD, KALOOR, ERNAKULAM, KOCHI- 682 017 ADV. SMT.P.K.SANTHAMMA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26.5.2009, THE COURT ON 1.6.2009 DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 658 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2009 JUDGMENT Joseph Francis, J. This appeal is filed by the petitioner in O.P.(MV) No. 1077 of 1998, on the file of the Motor Accident Claims Tribunal, Perumbavoor. That is a petition filed under Section 166 of the M.V. Act, for compensation for the injuries sustained by the petitioner in a motor accident which took place on 1.2.1998. The allegation is that while the appellant was riding a bicycle through the National High Way at Angamali, a Maruti car driven by the first respondent in a rash and negligent manner hit the appellant. As a result, the appellant suffered serious injuries. The Claims Tribunal awarded Rs.55,305/- as compensation together with 9% interest. Being aggrieved by that award, the petitioner filed this appeal seeking enhancement of compensation. M.A.C.A.No. 658 of 2004 2 2. Heard the learned counsel for the appellant and the learned counsel for the Insurance Company. 3. The learned counsel for the appellant submitted that the compensation awarded by the Claims Tribunal is on the lower side. The learned counsel for the second respondent, Insurance Company, on the other hand, argued that the compensation awarded is just and reasonable. 4. It is proved by medical records that in the accident the appellant sustained bleeding from right ear. 3 x 1 cm. lacerated wound left side of forehead, 5 x 1 cm lacerated wound left knee joint, multiple abrasions over the face, right side of forehead, left side of forehead over the nose and cheek, evidence of fracture mandible multiple loose teeth and cerebral concussion. The appellant was admitted in the department of Neurosurgery at Medical Trust Hospital, Ernakulam and had maxillary facial surgery consultation revealed ---------------- were luxated and loss of ------------------- and reduction fixatioin of fracture mandible ---------------------- extracted and sutured M.A.C.A.No. 658 of 2004 3 chin wound repair was done under G.A. Patient had complaint of pain left knee consulted orthopaedic surgery revealed lacerated wound left knee with medial ligament injury for which wound suturing and A-K Cylinder cast given under L.A. and he was discharged on 15.2.1998. 5. Considering the nature of the injuries sustained, the learned Claims Tribunal awarded Rs.15,000/- as compensation for pain and sufferings. Rs.3,600/- was awarded as compensation for loss of earnings, Rs.23,350/- towards medical expenses based on bills produced by the appellant, Rs.10,000/- towards disability and loss of amenities and Rs.7,000/- towards loss of teeth. On going through the award, we are of the view that the Tribunal has awarded reasonable compensation for the injuries sustained by the appellant. 6. The learned counsel for the appellant submitted that the appellant lost 8 teeth in the accident. The appellant has produced a certificate issued by the Dental Surgeon stating that the appellant requires rehabilitation of lost teeth and its approximate expense would come to Rs.5,000/- The Claims Tribunal has not awarded any amount on this count. Therefore, we are of the view that the appellant is M.A.C.A.No. 658 of 2004 4 entitled to get a further amount of Rs.5,000/- towards rehabilitation of lost teeth. 7. This appeal is allowed in part. The appellant is entitled to realise an additional amount of Rs.5,000/- with interest at the rate of 7.5% from the date of the petition till the date of realisation from the respondents. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm