IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 696 of 2007()
1. JOBY CHACKO, S/O.CHACKO, AGED 18,
... Petitioner
Vs
1. K.C.VARGHESE @ BABU, S/O.CHERIYAN,
... Respondent
2. PAUL THOMSON, AGE AND FATHERS NAME NOT
3. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.N.J.ANTONY
For Respondent :SMT.RAJI T.BHASKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 696 OF 2007
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Dated this the 12th day of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Kalpetta, Wayanad, in OP(MV)
197/03. The claimant, aged 18 years, sustained injuries in a road
accident. The Tribunal awarded him a compensation of Rs.9,630/-.
Aggrieved by that decision the claimant has come up in appeal for
enhancement.
2. Heard the counsel for both sides. Learned counsel
would contend that the young man had lost the tooth 1,3 and 4 at the
age of 18 and the Tribunal has only awarded him a minimal
compensation of Rs.1,500/- towards loss of three teeth.
3. There is force in the said contention. When a young
man at the age of 18 looses his three teeth certainly it would have
caused him lot of difficulties, inconvenience, mental agony etc.
Therefore, taking into consideration that aspect, atleast an amount of
Rs.3,000/- per tooth has to be awarded. Then it would come to
Rs.9,000/-. In this case Rs.1,500/- is already awarded. So the
MACA No. 696/07 2
claimant is entitled to an additional compensation of Rs.7,500/-. On
all other heads the Tribunal has awarded a just and reasonable
compensation.
Therefore the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.7,500/- 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. 696/07 3