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.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. 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.On October 22, 2012, Siddayya, a resident of Kadwad in Bidar district, was riding pillion on a motorcycle driven by his brother, Gurusiddayya, when a speeding truck rammed into their vehicle near Mangalgi village around 1.30 pm. Gurusiddayya died on the spot, while Siddayya suffered grievous facial and head injuries, a right-hand fracture, loss of consciousness, multiple lost teeth and a lacerated avulsion injury to his lower lip.The tribunal had awarded Siddayya Rs 4.9 lakh in compensation with 6% interest. Challenging the award, he approached the High Court.Justice Brungesh observed that the doctor’s assessment had failed to account for the injuries to the pelvis, particularly the pubic bone fracture, and the loss of multiple teeth.The medical evidence established that Siddayya had sustained a pubic bone fracture, comminuted fractures of the radius and ulna in the right forearm, and a fracture of the left fibula. These injuries could restrict forearm and wrist rotation, affecting everyday activities such as pouring water, eating and using tools that require rotational movement.The judge said the tribunal’s decision to assess whole-body disability at 10% without adequately examining these factors could not be sustained. 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.Partly allowing the appeal, the High Court enhanced the total compensation to Rs 8.3 lakh, with interest at 6%.
