A GOPALAKRISHNAN Vs. P V PRADHEESH

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV) 149/06. The claimant was aged 45 years and he had sustained injuries on various parts of the body and the Tribunal has awarded a compensation of Rs.24,665/-. It is against that decision the claimant has come up in appeal.

(2.) Heard. The learned counsel for the appellant had made available before me the wound certificate which shows that he had sustained injuries on the dental region involving canine teeth and tenderness over the neck and back, chest etc. He was treated as an inpatient in the hospital for 11 days. It is also submitted that he was under the treatment of Fathima Dental Clinic and Orthodontic Centre which would reveal that two of his teeth were extracted and root canal treatment was done whereas for one tooth he had terrific infection. Four teeth had sustained fracture and advice has been given to remove the teeth so affected to avoid complication. If these things are taken into consideration it can be seen that the claimant had sustained very bad facial injuries and one is also aware of the agonizing pain and the expenses that will be incurred when the teeth are involved now-a-days. Therefore I enhance the compensation as follows.

(3.) Towards pain and sufferings I enhance it by Rs.3,000/-. For the extraction of two teeth I enhance it by Rs.2,000/-. For the fracture of the teeth and for the root canal treatment I award a consolidated sum of Rs.7,500/- more and towards loss of earnings I award another Rs.2,500/- thus making an additional compensation of Rs.15,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment.