IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 1550 of 2007(A) --------------------------------- OPMV.1392/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT : ----------------------------- DEVANESAN, AGED 48 YEARS, S/O. EASSAK NADAR, CHAYAMPOTTA THADATHIKARA VEEDU, MANNAMKONAM P.O., VELLARADA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT/RESPONDENT : ----------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT APPELLANT AND COUNSEL ABSENT. THEREFORE, THE APPEAL IS DISMISSED FOR DEFAULT. 13.08.2008 SD/-, M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE scm M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1550 OF 2007 = = = = = = = = = = = = = = = Dated this the 17th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Neyyattinkara in O.P.(MV) 1392/03. The claimant, a 45 year old man sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.18,200/-. The respondent was directed to pay the amount. A perusal of paragraph 26 of the award would reveal that the claimant had sustained a dental alveolar fracture. There was other suspected fractures not confirmed. Observation of the Tribunal would also show that he was regularly attending Dental hospital till 21.8.03. It is evidenced by Ext.A28. Further it is revealed that he had been an inpatient in the Community Health Centre from 15.6.03 to 21.6.03. The Tribunal has awarded only one month's actual loss of earnings but it is seen that at least for two and half months he has been frequenting hospitals and therefore at the rate of Rs.2,000/- per month he is entitled M.A.C.A. 1550 OF 2007 -:2:- to compensation of Rs.5,000/- towards loss of earnings which on deduction of Rs.2,000/- already awarded would come to Rs.3,000/-. Similarly, he was inpatient in the hospital for seven full days and the Tribunal has only awarded Rs.250/- towards bystander's expenses. The accident had taken place in the year 2003 and at least Rs.100/- per day has to be given towards bystander's expenses. So I award an additional sum of Rs.450/- under that head. The Tribunal has awarded an amount of Rs.4,000/- towards discomfort and inconvenience. Admittedly there was an alveolar fracture and he had been continuously visiting hospitals for a period of more than two months. When it is involving a dental injury naturally a person may not be able to open and close his mouth as he wants or take solid diet of his choice and therefore there may be temporary disability and loss of amenities and enjoyment in life for a considerable length of time. The Tribunal has awarded only Rs.4,000/- under that head which I feel has to be enhanced by Rs.2,000/- thereby entitling the claimant to an additional compensation of Rs.5,450/-. M.A.C.A. 1550 OF 2007 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,450/- with 7.5% interest on the said sum from the date of petition till realisation and the K.S.R.T.C. 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/-