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Bindu vs Moideenkoya on 21 August, 2008

Kerala High Court
Bindu vs Moideenkoya on 21 August, 2008
       

  

  

 
 
  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.

M.N.KRISHNAN, JUDGE
vps

MACA No. 882/07 3

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