1 S.B.CIVIL MISC. APPEAL NO.1465/1999 (Smt.Indu Singhal Vs. Ganpat Ram and ors.) Date of Judgment : 24-02-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.Vinod Tyagi, for the respondents. This appeal has been preferred on behalf of injured-appellant Smt.Indu Singhal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 5.7.1999 whereby a sum of Rs.41,660/- was awarded by way of compensation for 12% disability on account of injuries sustained in the accident. 2. The challenge in the appeal pertains to quantum of compensation only. 3. Learned counsel for the appellants submits that the injured was 38 years old young lady and her four front teeth of upper jaw were broken in the accident, resulting in pain and agony and was found to have sustained 12% disability on account of said injuries. It is also submitted that amount of Rs.15,000/- awarded by the Tribunal is on 2 lower side and same deserves to be enhanced. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is further submitted that disability sustained does not directly effect the earning capacity of the deceased and the cosmetic disfigurement can be removed by artificial denture. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured was 38 years of young lady at the time of accident and her front 4 teeth of upper jaw were broken in the accident resulting in cosmetic dis-figuration and physical impairment for which the Medical Board opined disability to the extent of 12%. The lady has to go for artificial denture from time to time and had to take care of this disability through out her life and has to bear the pain and agony for whole life for this unfortunate 3 accident, therefore, amount of Rs.40,000/- deserves to be enhanced to Rs.76,000/- and thereby additional sum of Rs.36,000/- deserves to be awarded. 6. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellant shall get a sum of Rs.36,000/- by way of additional enhanced compensation from the date of appeal i.e. 8.10.99, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.h-34