IN THE HIGH COURT OF KERALA AT ERNAKULAM MACA.No. 882 of 2007() 1. BINDU, AGED 23 YEARS,D/O.GOPALAN NAIR, ... Petitioner Vs 1. MOIDEENKOYA,S/O.AHAMMEDKUTTY, K ... Respondent 2. JAYAPRAKASH,S/O.GANGADHARAN NAIR, 3. THE UNITED INDIA INSURANCE COMPANY LTD., For Petitioner :SRI.AVM.SALAHUDIN For Respondent :SRI.PMM.NAJEEB KHAN The Hon'ble MR. Justice M.N.KRISHNAN Dated :21/08/2008 O R D E R M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 882 OF 2007 --------------------- Dated this the 21st day of August, 2008 JUDGMENT
This appeal is preferred against the award passed by the
Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV)
2421/99. The claimant, aged 16 years, while travelling in a bus,
sustained injuries in a road accident. It is noticed that she has
suffered a split in the anterior teeth. The Tribunal did not accept
Ext.A3, which was issued on 8.10.05, relating to some root canal
treatment. But the Tribunal gave reliance to Ext.A4 issued by the
Dental Department of the Medical College.
2. It has to be remembered that there was a split in the
teeth of a 16 year old girl and that she had undergone root canal
treatment. There was also suspicion of a fracture of the mandible.
So all these things would indicate that the girl had undergone
treatment in one or two hospitals. Taking note of the injury, that too
of a young girl on her teeth at the age of 16, I feel that an amount of
Rs.2,000/- can be enhanced towards loss of amenities and
enjoyment in life. On all other heads the Tribunal has awarded a just
and reasonable compensation.
MACA No. 882/07 2
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.2,000/- 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.
MACA No. 882/07 3