ASMA Vs. ABDUL NASAR

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accident Claims Tribunal, Muvattupuzha in O.P. (M.V.) No. 1743 of 2004. The claimant, a 43 years old lady and a coolie by profession, sustained injuries in a road accident. The Tribunal awarded a compensation of Rs. 17,775 and it is against that decision, the claimant has come up in appeal for enhancement.

(2.) Heard the learned Counsel for the appellant as well as the Counsel for the Insurance Company. Learned Counsel for the appellant would contend that considering the gravity and nature of the injury sustained, the Tribunal has awarded only a very low compensation, which requires interference.

(3.) I had perused the treatment certificate issued by Mar Beselios Medical Mission Hospital, Kothamangalam, wherein the claimant was treated as an inpatient for 3 days from 4th December, 2004 to 6th December, 2004. A perusal of the certificate would reveal that she had luxation of 4 upper incisors and lower 4 incisors. Suturing was done and there was extraction of luxated teeth 7 in number. The lady was aged only 43 years and the Tribunal has awarded a sum of Rs. 4,000 towards loss of teeth. I feel it is totally inadequate and I feel in the fitness of things, at least an amount of Rs. 8,000 more had to be awarded towards loss of teeth. The Tribunal only awarded Rs. 1,250 towards loss of earning. When a person's 7 teeth are extracted, it is certain that she would not have been in a position to do any work especially physical and manual work and therefore I feel her absence from work would have been for about six weeks for which I award a sum of Rs. 2,500 more under the head actual loss of earning. Similarly when naturally 7 teeth are lost, certainly there will be loss of amenities and enjoyment in life and the corresponding injury to the gum, lip, etc. would have caused loss of amenities and enjoyment in life for at least some time and therefore I enhance that compensation by Rs. 2,000 thereby making an additional compensation of Rs. 12,500.