IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 357 of 2004() -------------------------------- OPMV.2418/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------------------------------- LENIN JOHN, S/O. C.M.JOHN, CHEERANKOTTIL, MAVELOOR, VAIKOM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS ----------------------------------------------- 1. SUNNY ABRAHAM S/O. CHACKO ABRAHAM, THOTTICHIRAYIL, PRIYADARASINI, VAIKOM. 2. VIJAYAKUMAR S/O. NARAYANAN, NIKARTHIL HOUSE, VAIKOM NADUVILE VILLAGE, VAIKOM. 3. NEW INDIA INSURANCE COMPANY LTD., KOTTAYAM. 4. HONEY MATHEW W/O. MATHEW, KUNNATHU HOUSE, U.K.COLONY, B.M.C. P.O., KOCHI-21 5. RAJU S/O. SAMUEL, POWAMCHIRAYIL, KOTHANALLOOR KARA, DO.VILLAGE. 6. UNITED INDIA INSURANCE COMPANY LTD., TRIPUNITHURA. BY ADV. SRI.VPK.PANICKER - R3 SRI.P.SANKARANKUTTY NAIR- R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.357 OF 2004 ===================== Dated this the 26th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) No.2418 of 1995. A boy aged 15 years sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.10,000/-. The Tribunal fixed the liability at 70% on the 3rd respondent and 30% on the 6th respondent. It is against the quantum which is challenged in this appeal. 2. Learned counsel for the appellant has made available before me the disability certificate as well as the wound certificate. A reading of the same would show that the boy had lost 4 teeth in the accident. The Doctor has certified the disability at 14%. I feel there cannot be such permanent disability as pointed out by the Doctor. But adequate compensation has to be provided as follows: At the rate of Rs.3,000/-, an amount of Rs.12,000/- is awarded as compensation for loss of 4 teeth. For pain and suffering, an amount of Rs.5,000/- is awarded and for treatment expenses Rs.2,000/- is awarded totalling Rs.19,000/-. The Tribunal has awarded compensation of MACA 357/2004 -:2:- Rs.10,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.9,000/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,000/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company is directed to deposit 70% of the amount with interest and the 6th respondent is directed to deposit 30% of the amount with interest within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-