MISS VARSHA B. S v. SRI BALAJI R. E

(BY SRI. RAVI S. SAMPRATHI,ADVOCATE FOR R2; V/O. DATED 09.01.2023, NOTICE TO R1- DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2022 PASSED IN MVC NO. 5593/2019 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL, (SCCH-5), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - NC: 2024:KHC:32806 MFA No. 52 of 2023 ORAL JUDGMENT Heard Sri.Venkate Gowda.K, learned counsel for the appellant as well as Sri.Ravi.S.Samprathi, learned counsel who represents respondent No.2-Insurance Company.

2. Projecting that she sustained grievous injuries due to the accident, her face got disfigured and that she became permanently disabled, the appellant filed a petition seeking compensation of Rs.75,00,000/- in total. The Tribunal i.e., Motor Accidents Claims Tribunal, Bengaluru, through the orders in MVC No.5593/2019, dated 28.06.2022 awarded a sum of Rs.7,85,694/- as compensation. Dissatisfied with the sum thus awarded, the present appeal is filed.

3. The undisputed facts of the case are as under: (a) The appellant met with a road traffic accident on 08.05.2019. (b) She sustained two grievous injuries apart from one simple injury. - 4 - NC: 2024:KHC:32806 MFA No. 52 of 2023 (c) The appellant took extensive treatment for the injuries sustained and underwent surgeries.

4. Making his submission with regard to the merits of the matter, learned counsel for the appellant contends that the appellant was aged about 19 years by the date of accident. She passed her II PUC and she gave her NEET examination by the date of accident and was aspiring to become a doctor. In the meantime, the accident occurred which shattered her life. Learned counsel states that the Tribunal for the reasons best known did not award any sum for the pain and suffering. The appellant spent huge amount for all the incidental expenditure which includes food, extra nourishment, diet, attendant charges, conveyance charges etc., Learned counsel states that the entire face of the appellant got disfigured due to the injures sustained. She lost six of her tooth. Though number of Plastic Surgeons attended her, she could not regain her normal facial features. Relevant and convincing evidence was produced before the Tribunal to establish all - 5 - NC: 2024:KHC:32806 MFA No. 52 of 2023 these aspects. But the Tribunal did not even care to grant the medical expenditure incurred which is most unfortunate. Learned counsel thereby seeks to do justice.

5. The submission made by Sri.Ravi.S.Samprathi, learned counsel for respondent No.2 is that the appellant failed to produce any proof to show that her studies were disturbed. Learned counsel contends that the Tribunal deducted 10% of the medical expenditure and awarded Rs.7,35,694/- towards medical expenditure. Learned counsel also states that under all other heads the Tribunal awarded Rs.50,000/- as global compensation.

6. As per the contents of Ex.P6-Wound certificate the appellant sustained two grievous injuries and one simple injury. Coming to the evidence of Pw.3, he deposed that he is working as Medico Legal Consultant at Sakra World Hospital, Emergency Department, Devarabeesanahalli, Bengaluru. The appellant was brought to emergency department of Sakra World Hospital on

09.05.2019 with alleged history of road traffic accident. - 6 - NC: 2024:KHC:32806 MFA No. 52 of 2023 She sustained multiple injuries over the face and left knee. She was initially treated at Sakaleshpura Crawford General Hospital and later referred to Sakra World Hospital for further management. She was initially evaluated by emergency medicine department. She was later treated at Plastic Surgery department to manage multiple facial lacerations. CT scan of brain and face was done which showed displaced fracture of right nasal bone, left maxillary alveolar arch fracture, bilateral preseptal orbital swelling with embedded hyperdense foreign bodies and no features suggestive traumatic injury. Investigations were performed. She was operated for debridement and suturing of multiple lacerations over the face and debridement and suturing of left knee. Both the procedures were performed under general anesthesia. Suturing of left eye limbal laceration was done under local anesthesia. Facial sutures were later removed under general anesthesia and she was discharged on

18.05.2019. The appellant got again admitted on

21.08.2020 and was discharged on the same day. - 7 - NC: 2024:KHC:32806 MFA No. 52 of 2023 Subsequently, she took multiple consultations and was readmitted on 23.12.2020 facial scar revision procedures under local anesthesia. The appellant lost six maxiallary permanent teeth. She underwent dental bridge treatment. Pw.3 also stated that multiple facial scars are obviously visible causing permanent disfiguration of face and also the appellant finds difficulty in visualizing things and chewing food particles.

7. This Court wonders as to why the Tribunal did not take into consideration such cogent and convincing evidence which depicts the sufferance of the appellant due to the injuries sustained and disfiguration. Perceiving the fact that the medical expenditure incurred as per the evidence produced is Rs.8,17,437/-, for the reasons best known the Tribunal deducted 10% of the same and awarded a sum of Rs.7,35,694/- towards medical expenditure. On what basis 10% of the medical expenditure is deducted is not narrated anywhere in the impugned order. As the said deduction is without basis, - 8 - NC: 2024:KHC:32806 MFA No. 52 of 2023 this Court is of the view that the appellant is entitled for the total medical expenditure incurred i.e., Rs.8,17,437/-.

8. Without awarding any amount for the loss sustained due to the disfiguration, the inconvenience caused due to loss of tooth and the huge pain and suffering she might have undergone, the Tribunal awarded a sum of Rs.50,000/- as global compensation. This approach cannot be appreciated.

9. Having considered the nature of injuries sustained, the extensive treatment taken at different levels, the pain and suffering she might have undergone, the surgeries she underwent and the disfiguration she is left with, this Court is of the view that the just compensation which the appellant would be entitled under different heads is as under: Sl. No 1 Description Amount Compensation and suffering for pain Rs.1,50,000 2 Medical expenditure Rs.8,17,437 - 9 - NC: 2024:KHC:32806 MFA No. 52 of 2023 3 4 5 6 the extent proved food, Towards nourishment, diet and attendant charges Rs.25,000 Conveyance charges Rs.10,000 Loss of amenities in life Rs.50,000 Loss prospects disfiguration marriage Rs.1,00,000 Total Rs.11,52,437

10. In the light of the forgoing discussion, the following: ORDER (i) Appeal is allowed in part. (ii) The compensation that is awarded by Motor Accidents Claims Tribunal, Bengaluru through orders in MVC No.5593/2019

28.06.2022 enhanced Rs.7,85,694/- Rs.11,52,437/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. - 10 - NC: 2024:KHC:32806 MFA No. 52 of 2023 (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of copy of this order. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 38