Lakshmi Sunderesan vs Nirmal Singh on 29 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1452 of 2001(B)



1. LAKSHMI SUNDERESAN
                      ...  Petitioner

                        Vs

1. NIRMAL SINGH
                       ...       Respondent

                For Petitioner  :SRI.P.V.CHANDRA MOHAN

                For Respondent  :SRI.ANCHAL C.VIJAYAN

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :29/11/2007

 O R D E R

J.B. KOSHY & K.HEMA, JJ.

————————————–
M.F.A.No. 1452 of 2001

—————————————
Dated this the 29th day of November, 2007

Judgment

Koshy,J.

Appellant/Claimant, at the age of 18, met with an

accident and, as a result of the accident, there was avulsion to one

of the upper incisors and Grade III mobility to another upper incisor.

Upper arch bar fixation was done and she was treated with

antibiotics, analgesics and other supportive measures in Ernakulam

Medical Centre. Root canal treatment was also done as can be seen

from Ext.A8 certificate. Claimant produced bills for Rs.30,299/-.

Out of the above, Rs.16,800/- is a bill issued by Issac’s Dental Clinic

and Orthodontic Centre, Ernakulam. It shows that ceramic bridge

and occlusal rehabilitation was done. The bill is dated 19.8.2000

after about three years of the accident. The tribunal accepted the

medical bills for Rs.13,499/- and then awarded Rs.14,000/- for

medical expenses and did not accept the bill for Rs.16,800/-.

According to the tribunal, it can be for cosmetic treatment. Apart

from the bills, no evidence was adduced to show that it was done for

correcting any of the injury sustained in the accident. No treatment

M.F.A.No. 1452/2001 2

certificate was produced from Issac’s Dental Clinic and Orthodontic

Centre. Even the claimant was not examined to prove that

subsequent treatment in the year 2000 has got connection with the

accident. With regard to the compensation granted under other

heads, sufficient compensation was awarded. Total compensation

awarded was Rs.29,000/- with 9% interest from the date of

application till its deposit. We are of the opinion that since the

tribunal has passed the award after considering the evidence

adduced in this case, no interference is required. Appeal dismissed.

J.B.KOSHY
JUDGE

K. HEMA
JUDGE

vaa

M.F.A.No. 1452/2001 3

J.B. KOSHY AND
K.HEMA,JJ.

————————————-
M.F.A. No. 1452 of 2001

————————————-

Judgment

Dated:29th November, 2007