Fracture of jaw resulting in facial disfigurement warrants enhanced compensation for loss of amenities and marriage prospects.

On July 24, 2006, the appellant, a 22-year-old driver, was traveling as a passenger in a luxury bus (No. GJ-17-W-8037). Due to the negligent driving of the opponent No. 1, the bus collided with another vehicle, causing the appellant to sustain a fracture of the left mandible (jaw) and soft tissue facial injuries

The Motor Accident Claims Tribunal (Aux), Kachchh, awarded Rs. 55,000/- with 7.5% interest, but denied compensation for "future loss of income" despite a medical certificate of 16% functional disability, reasoning that a jaw injury did not impair his capacity to work as a driver

The appellant moved the High Court seeking enhancement of the award.

1. Whether the functional disability resulting from a jaw fracture entitles a driver to compensation under the head of "Future Loss of Income"

2. Whether the compensation awarded under "Loss of Amenities and Enjoyment of Life" was adequate given the appellant's age and facial disfigurement

The Court relied on the principle established in Vijaykumar Babulal Modi v. Gujarat State Road Transport Corporation (2012 (1) G.L.H. 738), which dictates that if a physical injury does not specifically impair the particular vocational capacity of the claimant (functional disability), the claim should be addressed under the head of "Loss of Amenities of Life" rather than "Future Loss of Income"

the court applied the principle that compensation for non-pecuniary losses like disfigurement must be "just" and account for long-term prospects, such as marriageability

The Court affirmed the Tribunal's finding that a fracture of the left mandible does not directly diminish the appellant's technical ability to perform his duties as a driver; thus, no award was granted for future loss of income

It noted that the appellant was a 22-year-old bachelor at the time of the accident. It reasoned that the resulting facial disfigurement and loss of amenities would significantly and adversely affect his personal life and marriage prospects

Consequently, the Court found the original award of Rs. 35,000 for loss of amenities to be "meagre" and necessitated an upward revision

Specifically, it increased the award for "Loss of Amenities and Enjoyment of Life and Disfigurement of Face" to Rs. 1,35,000/-

The Insurance Company was directed to deposit the additional Rs. 1,00,000/- with 7.5% interest per annum within six weeks