IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 MACA.No. 1701 of 2004(D) ---------------------------------- OPMV.1580/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S):/PETITIONER: ----------------------------------- KAMALAM, W/O RAJAN, RESIDING AT KOONAMPALAM HOUSE, MANALAREO ESTATE, PADAGIRI P.O., NELLIYAMPATHY, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R RESPONDENT/RESPONDENT(S): -------------------------------------- 1. RAJAN, S/O. CHATHUNNI, RESIDING AT PANAKKAPPATTU, VICTORIA DIVISION, MANALARO ESTATE, NELLIYAMPATHY, PALAKKAD DISTRICT. 2. BHAGYAM, S/O. ARULAPPA THEVAR, RESIDING AT HOUSE NO.8/269, PADAGIRI, VICTORIA DIVISION, MANALAREO ESTATE, NELLIYAMPATHY, PALAKKAD DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, NEMMARA, PALAKKAD. ADV. SRI.T.J.LAKSHMANAN IYER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1701 OF 2004 = = = = = = = = = = = = = = = Dated this the 20th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)1580/98. The claimant, a coolie by profession working in Manalaro Estate in Nelliampathy sustained injuries in a road accident as a result of which she had lost 7 teeth plus one tooth was extracted on account of the impact. She was originally admitted in the Medical College Hospital, Thrissur and treated as an inpatient for three days and thereafter in the Aswini Hospital for two days. She had produced medical bills for Rs.1,389/-. It is also seen that she was not able to do any work for more than three months. The Tribunal has awarded a compensation of Rs.33,750/- 2. It can be seen that the lady was only aged 36 years at the time of the accident and was a poor coolie. I feel at least at the rate of Rs.3,000/- to be awarded per teeth which will come to Rs.24,000/-. Therefore the amount has to M.A.C.A. 1701 OF 2004 -:2:- be enhanced by Rs.8,000/-. Certainly, when a jeep jam packs into the back of a lorry loaded with woods which resulted in loss of 7 teeth at a stretch one can imagine the agony and pain the poor lady would have undergone. So I enhance the compensation for pain and sufferings by Rs.2,500/-. Similarly, on account of loss of teeth she would not have been in a position to take solid food for some time. Similarly, she may require nutritious food which I enhance by Rs.750/-. Thus the claimant will be entitled to an additional compensation of Rs.11,250/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,250/- with 7% interest on the said sum from the date of petition till realisation and the insurance company 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/-