IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 533 of 2009() --------------------------------- OPMV.70/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------ KOLANGARA USUF, AGED 40 YEARS, S/O. ABDU RAHIMAN, MELATHUR AMSOM, VENGOOR DESOM P.O., VENGOOR, PERINTHALMANNA TALUK. BY ADV. MR.SIRAJ KAROLY RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. PANKATH NISHAD, S/O. RAMAKRISHNAN, TAILOR, NEAR RAILWAY BRIDGE, CHEMMANIYODE P.O., MELATHUR AMSOM, PERINTHALMANNA TALUK. 2. P. HANEEFA, S/O. KUNJIMOIDEEN, PARAMMAL HOUSE, EDAPPATTA, EPPIKKAD, MELATHUR VIA , MALAPPURAM DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, PEECHI COMPLEX, CALICUT ROAD, PERINTHALMANNA P.O., MALAPPURAM DISTRICT. R1 & R2 BY ADV. MR.SAJU.S.A . R3 BY ADV. MR.A.R.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 533 OF 2009 = = = = = = = = = = = = = = = Dated this the 7h day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)70/05. The claimant, a 40 year old labourer sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.22,450/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. The main grievance of the appellant is the inadequacy of compensation granted for the injury that has been sustained on the face including the loss of teeth. The Tribunal itself has found that there was a Dento aluveolar fracture and contusion on the right thigh and laceration of the lower lip. Two teeth were lost. There was mobility of 3 + 2, 5 teeth and the same document revealed that all the 7 teeth had to be extracted. The Tribunal has only awarded a sum of Rs.9,000/- for the loss of teeth which M.A.C.A. 533 OF 2009 -:2:- I feel is inadequate. Therefore fixing at the rate of Rs.3,000/- per tooth I award Rs.21,000/- for 7 teeth and deduct Rs.9,000/- already granted by the Tribunal thereby making an additional compensation of Rs.12,000/-. Certainly on account of these types of injuries there would have been loss of amenities and enjoyment in life for which I award another Rs.3,000/-. Thus the claimant will be entitled to an additional compensation of Rs.15,000/- . In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-