HONOURABLE SRI JUSTICE C.V.RAMULU Civil Miscellaneous Appeal No.754 of 2003 JUDGMENT: This Civil Miscellaneous appeal is filed under Section 173 of Motor Vehicles Act, being aggrieved by the order and decree dated 14/11/2002 in O.P.No.55 of 2000 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-I Additional District Judge, Kadapa, for enhancement of compensation as claimed in the OP The claimant is the appellant. He was working as a sharaff-cum-cashier in the District Medical Health Office at Kadapa. While so, he met with an accident while he was going on a Hero Honda motorcycle with a lorry bearing No.AP02 U1405. Therefore, he filed a claim petition in M.V.O.P.No.55 of 2000. While holding the driver of the vehicle as rash and negligent and making the insurance company as well as the owner of the vehicle jointly land severally liable for payment of compensation, the Tribunal fixed the compensation to be payable to the appellant at Rs.80,000/-, i.e., Rs.25,000/- to each of the injury Nos.1, 2 and 3 and a sum of Rs.5,000/- towards injury No.4, along with interest at 9% p.a., from the date of petition till the date of realization. Learned counsel for the appellant strenuously contended that the claimant suffered two major fractures i.e., to the right hand and right leg. In the right leg, a steel rod was inserted by conducting a surgery. For the three injuries i.e., injury Nos.1, 2 and 3, Rs.25,000/- each was awarded and against injury No.4, Rs.5,000/- was awarded. He further states that the appellant is a Government servant and he was out of employment for more than two months and in fact he had taken bed rest for another one month. But on this count of loss of pay, no compensation was fixed by the Tribunal. Further, transportation charges and other incidental expenditure were not awarded by the Tribunal. Therefore, the appellant is entitled for enhancement of the compensation as claimed by him. Learned counsel for the respondent states that the Tribunal has taken care of every count and it has liberally granted Rs.80,000/- as compensation and no interference is called for by this Court in this appeal as to the award passed by the Tribunal. It cannot be said that the amounts awarded by the Tribunal, against injury Nos.1, 2 and 3 at the rate of Rs.25,000/- each and a sum of Rs.5,000/- towards injury No.4, either arbitrary or illegal. But the Tribunal missed its attention to the counts such as transportation and extra-nourishment and his loss of pay for the period he was bed ridden and out of employment. Therefore, on all these counts, I am of the opinion that the appellant is entitled for another sum of Rs.20,000/- along with interest at 9% p.a., from the date of petition till realization. Thus, the Civil Miscellaneous Appeal is allowed enhancing the compensation payable to the petitioner from Rs.80,000/- to Rs.1,00,000/- (Rupees one lakh only). The respondents shall pay the same along with interest at 9% p.a., from the date of petition filed before the Tribunal till the date of realization. There shall be no order as to costs. __________________ JUSTICE C.V. RAMULU 24th June, 2010 SKM