GANESH NAIKA Vs. SUJATHA BALAKRISHNA

JUDGEMENT

(1.) Appeal is by the injured claimant as against the Judgment and Award dated 21.07.2012 passed in MVC No.511/2008 on the file of Senior Civil Judge and Member, MACT, Belthangady, partly allowing the claim petition and seeking enhancement of compensation. The Tribunal has awarded compensation of Rs.4,22,505/- with 6% interest on Rs.2,72,505/-.

(2.) The appellant/claimant has suffered injuries in a motor vehicle accident that occurred on 08.08.2007. The ground taken for enhancement of compensation is that the evidence of Doctor-PW2 and the medical evidences have proved that the claimant has suffered loss of an eyeball. The doctor who deposed in his evidence to the effect that an eyeball has been removed and he has been treated for facial fracture and bilateral femur fracture. He has opined that in view of removal of an eyeball, he suffered facial disfigurement, which resulted in loss of marriage prospects. Considering all these aspects, the Tribunal has awarded a very meagre compensation.

(3.) Learned counsel for the respondent-Insurance company has supported the order passed by the Tribunal and has made submission that in order to prove the loss of marriage prospects, the claimant himself has not produced any evidence and consequently the compensation awarded under this head is also in accordance with the evidence and materials on record.