AND

AWARD

DATED:23.06.2017 PASSED IN MVC NO.40/2014 ON THE

FILE OF THE ADDITIONAL MACT AND ADDITIONAL SENIOR

2

CIVIL JDUGE AT RAMANAGARA, PARTLY ALLOWING THE

CLAIM PETITION FOR COMPENSATION AND SEEKING

ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR HEARING THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed by claimant, who is represented by

the minor guardian Sri. Mohammed Hathaulla ie., the father

of the petitioner/claimant seeking for enhancement of

compensation by challenging the judgment and award

dated 23.06.2017 passed by the Additional Senior Civil

Judge and MACT at Ramanagara, in MVC No.40/2014.

For the sake of convenience, the parties herein

are referred with the ranks occupied by them before the

Tribunal.

3.

The brief facts leading to the case are that, the

claimant has suffered accidental injuries on 01.12.2013,

when he was hit by Motor Cycle bearing No.KA.42.J.8957,

while he was walking adjacent to the road at 8.30 p.m.

near Arkeshwara Colony, Hunasanahalli- Ramanagara Main

Road.

He

took

treatment

initially

at

Ramanagara

Government Hospital and subsequently in Victoria Hospital.

3

4.

The medical records viz., Exs. P7, P8 & P9

disclose that, the petitioner/claimant has suffered fracture

of upper maxillary on left incisor and maxillary left lateral

incisor is tendon to percussion and shows Grade-I mobility,

and he has got other simple injuries on the lip. Considering

these

aspects,

the

Tribunal

has

awarded

global

compensation of Rs.10,000/- with interest at 9% from the

date of petition till the date of realization.

5.

Heard the learned counsels appearing on both

sides. Perused the records.

6.

Admittedly, the claimant was a minor aged

about 07 years as on the date of accident. The Tribunal

has observed that, the claimant has not examined the

doctor

who

treated

him,

to

prove

that

the

petitioner/claimant would not re-gain his lost teeth.

Further, it is also observed that, there is no evidence

regarding suffering of any permanent disability. However,

the Tribunal has only considered loss of teeth, but failed to

consider the aspect of fracture of upper maxillary in left

incisor with loss of teeth and one tooth is also broken. No

doubt, the claimant is a child and the teeth which has now

4

lost, will grow during regular course as it is milk teeth.

However, the fracture cannot be ignored and he did suffer

pain and agony, and minor guardian ought to have spent

sufficient amount towards treatment. Considering these

aspects, in my considered opinion, the compensation

awarded by the Tribunal

at

Rs.10,000/- as global

compensation appears to be less. Considering losing of

teeth and fracture with loss of teeth, in my considered

opinion, the claimant would be entitled for a global

compensation of Rs.25,000/-, which will serve the purpose

considering age of claimant. Accordingly, I proceed to pass

the following:-

ORDER

i)

The appeal is allowed in part.

ii)

The claimant is held entitled for total

compensation of Rs.25,000/-, as against

Rs.10,000/- awarded by the Tribunal.

iii)

The enhanced compensation of Rs.15,000/-

shall carry interest at 6% per annum from the

date of petition, till realization.

iv)

Respondent

No.2/Insurance

Company

is

directed to deposit the entire compensation

with accrued interest thereon, within six weeks

5

from the date of receipt of certified copy of this

judgment.

v)

The deposit and disbursement shall be as per

order of Tribunal.

Sd/-

JUDGE

KGR*

CT:NR