IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE G.NARENDAR M.F.A.NO.3216/2017 (MV) BETWEEN 1. MR. SAMPATH @ SAMPATH SHETTY S/O VAMANA SHETTY, AGED ABOUT 47 YEARS, R/AT PERAR MUNDABETTUU GUTHU HOUSE, PADUUPERAR VILLAGE & POST, KINNIKAMBLA, MANGALORE TALUK, D.K.DISTRICT.-575018.
...APPELLANT (BY SRI RAVISHANKAR SHASTRY G, ADV.) AND 1. MR. MOHAMMAD BADRUDDIN S/O ISMAIL, AGED ABOUT 28 YEARS, R/AT H.N.COTTAGE, HAMZA FLAT, 8TH CROSS, CHOKKABETTU, SURATHKAL VILLAGE, MANGALORE TALUK, D.K.DISTRICT-575 012.
2. THE NATIONAL INSURANCE CO. LTD., 1ST FLOOR, ANAND BUILDING, KULAI, MANGALORE TALUK, D.K.DISTRICT-575001, REPRESENTED BY ITS BRANCH MANAGER (BY SRI K N SRINIVASA, ADV. FOR R2, NOTICE TO R1 D/W.) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.01.2017 PASSED IN MVC NO.1367/2015 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MACT-II, MANGALORE, (D.K.,) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Heard the learned counsel for the appellant and the learned counsel for the respondents.
2. The short point that is involved is the insufficiency of the compensation awarded. With the consent of both the counsels, the appeal is taken-up for disposal at the stage of admission itself.
3. Learned counsel for the appellant would place a copy of the disability certificate which has been marked as Ex.P10 to contend that the tribunal has not taken into consideration the serious impact of the injury in the form of loss of smell and taste and disfigurement of the face. Perusal of the same and the deposition of the doctor who has been examined as PW2, it is seen that the doctor has not rendered the opinion with reference to any particular injury nor has he specified the impact of the said injury, mere opinion cannot be accepted as a concluded fact. Though the medical records detail several injuries which are opined to be grievous (8) and simple (3), the appellant has failed to demonstrate the impact the injuries have had on his functional ability. On perusing the various injuries suffered it can be safely deduced that the appellant has indeed suffered facial disfigurement and he would be requiring treatment at the hands of a dermatologist/cosmetologist and he may have to undergo some cosmetic surgeries also. Merely because he is an agriculturist it cannot be presumed that he would not be entitled to restoration of his facial features.
4. Learned counsel for the respondent would submit that the appeal could be disposed off by awarding a dual compensation of Rs.1,00,000/-. Learned counsel for the appellant would agree for the same. In that view of the matter, the submissions of the learned counsels is placed on record, the appeal is disposed off by awarding an additional global compensation of Rs.1,00,000/- (Rupees One Lakh Only) which shall be inclusive of interest subject to the insurer depositing enhanced sum awarded within six weeks from the date of receipt of the copy of this judgment. Accordingly, the award is modified. The appellant would be entitled to a total compensation of Rs.4,23,000/- (Rupees Four Lakhs Twenty Three Thousand only) (Rs.3,23,000+ 1,00,000) under the head of global compensation. If the enhanced award is not satisfied within the stipulated time of six weeks, the sum awarded shall carry interest @6% from the date of petition till the date of satisfaction.
Office to draw-up decree accordingly.
Sd/- JUDGE Chs* CT: HR