Bengaluru: “Loss of multiple teeth cannot be treated as a mere temporary inconvenience,” the high court has observed while enhancing compensation in a motor accident case.
These consequences must be considered while assessing the functional and cosmetic impact of the injuries, the judge said in an order dated September 23, awarding an additional Rs 3.45 lakh to Siddayya. The tribunal had awarded Siddayya Rs 4.9 lakh in compensation with 6% interest. The judge said the tribunal’s decision to assess whole-body disability at 10% without adequately examining these factors could not be sustained. Partly allowing the appeal, the High Court enhanced the total compensation to Rs 8.3 lakh, with interest at 6%.
Justice M Brungesh noted that such injuries could result in difficulty in closing the mouth, saliva leakage and permanent facial scarring or disfigurement. Depending on the extent of tissue damage, corrective or plastic surgery may also be required. Challenging the award, he approached the High Court. It ought to have considered the nature of the fractures, loss of teeth, lower-lip injury, medical disability assessment and, crucially, their impact on Siddayya’s daily activities and ability to undertake agricultural and manual labour.