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Judgment
S.No.,Disability,Affected Body Part,Diagnosis,"P e r m a n e n t Physical
Impairment/mental disability
(in %)
1.,Locomotor disability,@,,
2.,Low Vision,#,,30 % Visual
3.,Blindness,Both Eyes,,
4.,Hearing Impairment,£,,
5.,Mental Retardation,X,,
6.,Mental Illness,X,,
7.,Maxillofacial,,"Dearrayed
Occlusion",24%
The Court would note that the claimant has suffered Maxillofacial Dearrayed Occlusion. In simple terms what it means is that the facial muscles,,,,
and the appearance are so adversely affected that the mandibular motion becomes irregular i.e. the person has difficulty in chewing food and/or in,,,,
speaking or carrying out normal functions of the mouth. The occlusion is often skeletal and may or may not affect the muscles of mastication. It also,,,,
leads to abnormal facial form, muscular impairment and resultant deformity of the face. That being the position, not only will the claimant’s",,,,
functional disability be more than mere 30% of his visual disability but his employability and social life too would be affected largely because of the,,,,
manner in which his jaw and facial muscles, ordinarily move. He would have difficulty in chewing and doing regular essential functions of his body.",,,,
The post traumatic appearance of the injured is as under:,,,,
In the circumstances, there is no reason to interfere with the degree of functional disability as fixed by the learned Tribunal. The Court would note",,,,
that the amount granted towards loss of marriage prospects is Rs. 1,00,000/-. However, in view of the fact that the injured was merely 20 years of",,,,
age at the time of the accident and had a whole life of promise ahead of him, but now his social life and prospective married life, would also be",,,,
affected to a significant degree. The nature of his injury affects his (i) ‘loss of general amenities’ and (ii) ‘enjoyment of life’ as well as,,,,
his ‘marriage prospects’. Accordingly, the same are enhanced from (i) Rs. 1,50,000/- and (ii) Rs. 1,00,000/- respectively to (i) Rs. 2,50,000/-",,,,
and (ii) Rs. 5,00,000/-respectively.",,,,
The enhanced amount of Rs. 5,00,000/-, alongwith interest @ 9% from the date of filing of the claim petition till its realization, be deposited before",,,,
the learned Tribunal within three weeks of date of receipt of copy of this order to be released to the beneficiary(ies) of the award in terms of the,,,,
scheme of disbursement specified therein.,,,,
The statutory amount will be adjusted towards the amount payable by the appellant towards the enhanced amount.,,,,
The appeals are disposed off in the above terms.,,,,