Dissatisfied with the award dated 09-02-2009 passed by the Motor Accident Claims Tribunal, Alappuzha in O.P. (MV) No.452/2004, the petitioner has come up in appeal.
2. The appellant, who was a passenger in a bus, sustained injuries in a motor accident on 19. 1.2003. She suffered injury right side of lower lip, pain right upper central incisors and loss of teeth. Altogether, she lost three teeth in the accident. It is alleged that she has sustained wedge fracture at C5 level for which she had to wear collar for three months. She was treated as inpatient for eight days in hospital.
3. The learned Tribunal has found that wedge fracture at C5 level has not been stated in the final report filed by the police. It is on that ground, any compensation under that head was not granted. The Tribunal granted a total amount of ₹13,250/- as compensation.
4. Heard the learned counsel for the appellant and the learned counsel for the 3rd respondent Sri.S. Arun Raj. It seems that the Tribunal could notice the wedge fracture at C5 level from Ext.A6 discharge card of the appellant. The Tribunal has not cared to consider it as an injury, only because of the reason that the said injury has not been stated in the final report filed by the police. The said view taken by the learned Tribunal is unsustainable. It seems that she has undergone treatment as inpatient for eight days. In normal course nobody would undergo treatment as inpatient for eight days for loss of three teeth. Therefore, it is evident that she had sustained a wedge fracture at C5 level as noted in Ext.A6.
5. It is found that no amount has been granted towards loss of earnings. In the absence of any evidence relating to the income, by considering the fact that she was a coir worker, an amount of ₹3,000/- per month can be taken as her monthly income. She is entitled to loss of earnings for three months. Therefore, an amount of ₹9,000/- has to be granted under that head. Regarding compensation on account of pain and sufferings, the Tribunal has granted an amount of ₹4,000/- only, which has to be enhanced to ₹10,000/-. For loss of amenities an amount of ₹4,000/- is seen granted, which has to be enhanced to ₹7,000/-. Towards expenses for bystander an amount of ₹250/- only has been granted and it has to be enhanced to ₹800/-. Therefore, the appellant is entitled to get an additional compensation of ₹18,550/- with 6% interest from the date of petition till the date of payment.
In the result, the M.A.C.A. is allowed and ₹18,550/- more is granted as enhanced compensation to the appellant with interest at 6% per annum from the date of petition till the date of payment. The said amount shall be paid by the 3rd respondent within a period of three months from today.
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Sd/- B. KEMAL PASHA, JUDGE [True copy] P.S. to Judge