IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1042 of 2005()
1. RAJAN, S/O.GOVINDAN, RESIDING AT
... Petitioner
Vs
1. RAJAN, S/O.CHATHUNNI, RESIDING AT
... Respondent
2. BHAGYAVAN, S/O.ARULAPPA THEVAR,
3. THE UNITED INDIA INSURACE COMPANY
For Petitioner :SRI.V.CHITAMBARESH
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/06/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1042 OF 2005
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Dated this the 16th day of June 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Palakkad in O.P.(MV)No.1581 of 1998. The claimant, a
42 year old man working as a coolie sustained injuries in a road accident
whereby two upper right incised teeth were extracted. The certificate also
would reveal that his 4 upper and 4 lower incisors are mobile. The
documents produced would reveal that he was getting a daily wages of
Rs.60.59. The Tribunal awarded a compensation of Rs.16,500/- including
the compensation for two teeth.
2.Learned counsel would contend that the loss of teeth had caused
him considerable difficulty in taking and enjoying the food and this injury
has caused him some disability for some time. Taking into account the
factum of loss of two teeth, I am inclined to enhance the compensation by
Rs.2,000/- under that head. Similarly, for pain and suffering Rs.5,000/- is
seen awarded. It is also not in commensurate with the injury sustained
especially an injury in the mouth effecting the mobility of teeth. Therefore
MACA 1042/2005 -:2:-
I enhance Rs.2,000/-under that head. On all other heads, the Tribunal has
granted just and reasonable compensation.
Therefore, MACA is partly allowed and the claimant is entitled to an
additional compensation of Rs.4,000/- with 7% interest on the said sum
from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-