IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 MACA.No. 2022 of 2009() ----------------------------------- OPMV.431/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ------------------------ VIBIN, AGED 20 YEARS,S/O.GOPI, MULLAMKUZHI HOUSE,KRISHIBHAVAN ROAD,P.O.MUNDOOR, SANKARAMKANDAM,THRISSUR DISTRICT. BY ADV. MR.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS -------------------------- 1. RAJAN,S/O.SANKARAN,KUNJUVALAPPIL HOUSE, CHOOLISSERY,KOLANGATTUKARA. 2. K.V.BENNY,KONNIKKAL HOUSE,KULAMATTAM, THODUPUZHA,IDUKKI. 3. NATIONAL INSURANCE CO.LTD,IIND FLOOR, AMBIKA ARCADE,M.G.ROAD, THRISSUR, POLICY NO.570704/31/05/6700006645,VALID UPON 30/06/2006. ADV. SRI.C.A.CHACKO FOR R1 SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2022 OF 2009 ............................................. Dated this the 14th day of January, 2010. JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.431/2006. The claimant, a 20 year old young man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.18,250/= with 8% interest. Dissatisfied with the quantum, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant, insurer and the insured. The learned counsel for the appellant strongly contends before me that the Tribunal has not appreciated the nature of the injuries and had erred in not awarding proper compensation for the expenses incurred for repairing the teeth. The learned counsel also had made available before me the receipt. If the receipt of Rs.10,570/= is added to the medical bills of Rs.3,129/=, it will come to Rs.13,699/= out of which Rs.8,150/= is already awarded and therefore the balance, if permitted would be Rs.5,549/=. : 2 : M.A.C.A.No.2022 OF 2009 3. I do not find any reason to disbelieve the receipt for the reason that the young man had sustained fracture of the 4 teeth with mobility. Therefore, I am inclined to allow that expenses which would completely repair the teeth. So, an additional amount of Rs.5.550/= is granted towards medical expenses. Four teeth had been fractured. A scan was taken to find out fracture of the skull. He had also nasal bleedings. So, taking into consideration all those aspects, I am inclined to grant another sum of Rs.2,500/= towards pain and sufferings. Towards loss of amenities and enjoyment only an amount of Rs.1,000/= is granted which also is extremely inadequate and therefore, I award a further sum of Rs.2,000/= under that head making a total additional compensation of Rs.10,050/= which is rounded as Rs.10,000/=. In the result, the MACA is partly allowed. The claimant is awarded an additional compensation of Rs.10,000/= with 8% interest on the said some from the date of the petition till realisation and the insurance company is directed to pay the said amount within a period of 60 days : 3 : M.A.C.A.No.2022 OF 2009 from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2022 OF 2009