IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 MACA.No. 358 of 2009() --------------------------------- OPMV.106/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OPMV. -------------------------------------------------- SANU XAVIER, S/O.GNAVALUNKAL JOB, VALOOR DESOM, KALLUR-VADAMUMMURI VILLAGE, CHERUVALOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.P.V.BABY RESPONDENTS/RESPONDENTS 1 TO 3 IN OPMV. -------------------------------------------------------------------- 1. K.M. USMAN, S/O.MUHAMMED, PREMIER TIMBER SUPPLIES, MUDICKAL P.O., PERUMBAVOOR. 2. SREEJITH, S/O.PUTHANPURACKAL VIJAYAN, PLAMUDY, KAUNAKADU, KOTTAPPADY VILLAGE, KOTHAMANGALAM P.O. 3. THE UNITED INDIA INSURANCE CO. LTD, 2ND FLOOR, SOUTHERN BLOCK, VADAKKANETHI TOWERS, PRIVATE BUS STAND ROAD, PERUMBAVOOR. R3 BY ADV. MR.JOHN JOSEPH VETTIKAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.358 OF 2009 ............................................. Dated this the 8th day of October, 2009 J U D G M E N T Notice to R2 returned unclaimed. Held sufficient service. 2. This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.106/2005. The claimant, a student of Engineering, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.30,100/= with 7% interest and the United India Insurance Company was directed to pay the amount. Aggrieved by the said decision, the claimant has come up in appeal for enhancement. 3. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained facial injuries which resulted in loss of 4 teeth and it is proved by documents namely Exts.A3 and A4. The boy was present in court and the court had also recorded the difficulties which he had explained to the court. Over all, the compensation awarded : 2 : M.A.C.A.NO.358 OF 2009 appears to be more or less reasonable. Since the boy was aged 20 years and he had lost 4 teeth at the rate of Rs.4,000/= if compensation is awarded, the claimant will be entitled an additional compensation of Rs.1,000/= on that head. Loss of teeth should have resulted in loss of amenities and enjoyment in life and also discomfort at this stage for which I award an amount of Rs.3,000/=. Therefore, the claimant is awarded an additional compensation of Rs.4,000/=. 4. In the result, the MACA is partly allowed and the claimant will be entitled to an additional compensation of Rs.4,000/= with 7% interest from the date of the petition till realisation and the respondent United India Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.358 OF 2009 : 4 : M.A.C.A.NO.358 OF 2009