IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 MACA.No. 158 of 2006(D) ------------------------------- OPMV.243/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER : ------------------------------- PURUSHAN, S/O. KARUMBAN, MOOLAKKATHARA, AROOKUTTY PANCHAYATH, WARD-8, NADUVATHUNAGAR, AROOKUTTY. BY ADV. SRI.V.K.PRAVEEN HARIKRISHNAN ASSOCIATES RESPONDENTS/RESPONDENTS : --------------------------------------- 1. SREEDHARAN, S/O. PADMANABHA PILLAI, SREEMANDIRAM, PANAVALLY PANCHAYATH, WARD NO.10, CHERTHALA. 2. SREE RAJKUMAR AGARWALL, PROPRIETOR, SOORAJ SPICES, A.M. CROSS ROAD, COCHIN. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., ALAPPUZHA. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 158 OF 2006 --------------------- Dated this the 25th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 243/99. The claimant sustained injuries in a road accident, which took place on 15.5.98. A perusal of the affidavit to condone the delay would reveal that he was 41 years at the time of filing the appeal. That means he was only 34 years at the time of accident. The award would reveal that the claimant had lost two incisors in the accident besides fracture of the clavicle. He was treated as inpatient in the hospital for 7 days and had spent a sum of Rs.6,061/- towards cost of medicines. The Tribunal has awarded him a total compensation of Rs.20,762/-. 2. Having lost two incisors at the age of 34, the Tribunal should have compensated him for the same. Therefore, I award a sum of Rs.6,000/- towards loss of two incisors. Similarly, it can be seen from the treatment expenses incurred as well as the inpatient treatment undergone by the claimant that he had expended a lot of amount towards the fracture, which would indicate that there was MACA No. 158/06 2 some intricate problems on account of the clavicle fracture as well. Therefore taking into consideration those aspects, I award Rs.2,000/- more for pain and suffering and another Rs.2,000/- towards loss of amenities and enjoyment in life. Therefore, the claimant will be entitled to an additional compensation of Rs.10,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 6 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 158/06 3