IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1824 of 2005()
1. T.A.JOHN, S/O.ABRAHAM,
... Petitioner
Vs
1. GOPALAKRISHNAN, S/O.AYYAPPAN,
... Respondent
2. ANILKUMAR @ ANIL, S/O.GOPALAKRISHNAN,
3. THE BRANCH MANAGER,
For Petitioner :SMT.ANNIE PAUL
For Respondent :SRI.JOSE JOSEPH ARAYAKUNNEL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/06/2008
O R D E R
M.N.KRISHNAN, J.
--------------------------
M.A.C.A. No. 1824 OF 2005
---------------------
Dated this the 2nd day of June, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 99/02.
The appellant/petitioner sustained large number of injuries in a road
accident. On account of the same, he had to remove five teeth. The
Tribunal awarded a total compensation of Rs.26,000/-. It is against
that decision the present appeal is preferred.
2. Heard counsel for both sides. The Tribunal has only
awarded Rs.1,000/- for loss of earnings for two weeks. It has to be
remembered that on account of the accident, the teeth had to be
extracted and certainly it would have taken atleast six weeks for him
to recover from those injuries. Therefore, I enhance the loss of
earning by Rs.2,000/-. So far as other expenses are concerned, the
Tribunal awarded reasonable compensation. It has awarded
Rs.10,000/- towards loss of amenities and enjoyment in life. I feel
the removal of five teeth would have certainly caused him loss of
amenities and he may not be able to enjoy the natural taste.
MACA No.1824/05 2
Therefore I enhance that head by Rs.3,000/- thereby allowing an
additional compensation of Rs.5,000/-.
In the result, the MACA is partly allowed and the claimant is
awarded an additional compensation of Rs.5,000/- with 7% interest
on the said sum from the date of petition till realisation from the
respondents. The Insurance company is directed to deposit the
amount within 60 days of from the date of receipt of a copy of this
judgment.
M.N.KRISHNAN, JUDGE
vps