THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIAL MISCELLANEOUS APPEAL No.3409 of 2003 Being aggrieved against the Order in M.V.O.P.No. 451 of 1997 dated.18.03.2003 on the file of Motor Accidents Claims Tribunal-Cum-I Additional District Judge, Khammam, the present Civil Miscellaneous Appeal is filed. 2 . The learned counsel for the appellant - Insurance Company contends that the lower Court grossly erred in granting meagre compensation to the injured in spite of the fact that the injured sustained grievous injuries to her teeth and disfigurement to her face and urged for enhancement of compensation. 3. Now, the point for consideration is: Whether the judgment of the lower Court is sustainable and that the appellant is entitled for enhancement of compensation? P O I N T: 4. As per the recitals in the claim petition that on 08.02.1997 the petitioner/injured boarded the APSRTC bus bearing No.AP 9Z 9046 at Bhadrachalam to go to Ravulapalem, during journey she met with an accident and sustained injuries. The manner in which the accident has occurred is not disputed. Insurance Company also did not raise any objection for violation of any of the policy conditions. However, the lower Court came to the conclusion that the accident was due to rash and negligent driving of the driver of offending bus. Regarding quantum of compensation, it is an admitted fact that the injured was aged about ‘19’ years at the time of accident and she was a student and unmarried. 5. According to her evidence, she has sustained injuries on her lips and loosening of teeth and besides injuries all over the body and after the accident she was shifted to Government Hospital, Kunavaram, where she had taken treatment. Later, she underwent surgery for the teeth in the private nursing home of Dr.Mohan Babu and spent nearly Rs.30,000/-. It is also the evidence of P.W.1 that artificial teeth were inserted and she was studying B.A. course. In proof of the injuries, she filed Ex.A.3 – certified copy of medical certificate, Ex.A.5 – a bunch of medical prescription and Ex.A.6 X-ray report. 6. As per the Ex.A.3 medical certificate, she sustained contusion 1 ½” X 1” on the chin, secondly lacerated wound 2”X ½” X 1” on the front side of the lower jaw and contusion 1 ½” X 1” X ½” on the upper lip and upper jaw on front side. 7. As per the Ex.A.3 medical certificate, the above said two injuries are grievous in nature. The documentary evidence Ex.A.3 and Exs.A.5 to A.8 shows that the petitioner had taken treatment for the injuries sustained by her in a motor accident. For the reasons best known to the petitioner, the Doctor, who treated her, is not examined before the lower Court. In the absence of such medical evidence, the lower Court granted a meagre compensation of Rs.20,000/-. In a case of this nature, the Court has to see the evidence placed on record while proving the injuries sustained by the petitioner. Admittedly, the injured is aged 19 years on the date of accident and some of her teeth were removed and artificial teeth were replaced. The removal of the teeth was due to the injuries sustained by her in the accident. As per Ex.A.3 wound certificate, those injuries are grievous in nature. Pursuant to the injuries to the upper jaw and lacerated wound on the front side of the lower jaw, certainly there is disfigurement of the mouth and it will be visible to the naked eye. Putting artificial teeth in the place of original teeth, that too a girl at the age of 19 years, her marital chances will be very remote. 8. In the absence of medical evidence, this Court is unable to grant suitable compensation for the injuries sustained by P.W.1. However, in the circumstances of the case, taking into consideration the gravity of the injuries sustained by P.W.1, enhancement of further compensation of Rs.25,000/- is just and reasonable, in the circumstances of the case on hand as a special case. The lower Court granted an amount of Rs.20,000/- towards compensation, in the appeal further enhancement of Rs.25,000/- is granted, in total an amount of Rs.45,000/- is granted. The enhanced amount shall carry interest at the rate of 6% per annum from the date of the petition till realisation. With the above modification the appeal is allowed. There shall be no order as to costs. ____________________ K.S.APPA RAO, J 04th March, 2011 KSP