IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE EIGHTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE B.N.RAO NALLA CMA.No. 3371 OF 2002 Between: Shaik Basheerunnisa … Appellant V/s. Mulla Faluddin & Anr. … Respondents Counsel for the Appellant : Smt. P. Rajani Counsel for the Respondent No.1 : None appeared Counsel for the Respondent No.2: Sri V. Sreenivas The Court made the following : (Judgment follows 2nd page) THE HONOURABLE SRI JUSTICE B.N.RAO NALLA MA.CMA.No. 3371 OF 2002 J U D G M E N T : This Civil Miscellaneous Appeal is directed against the award and decree dated 24-8-2002 passed in OP.No. 390 of 1999 by the Chairman, Motor Accident Claims Tribunal-cum-II- Additional District Judge, Kadapa, whereby an amount of Rs.10,000/- was awarded to the claimant as against the claim of Rs.1,00,000/- on account of the injuries suffered by him in a motor vehicle accident. 2. It is contended on behalf of the appellant-claimant that since he was working as a cooli in a rice mill at the time of the accident, his annual income ought to have been considered under second schedule to the Motor Vehicles Act. In this case, his plea of earning Rs.1500/- per month was not acceptable to the Claims Tribunal instead of fixing his monthly income at Rs.500/- per month. Secondly, he should have been awarded compensation towards loss of earnings during the period of his treatment. 3. On the other hand, it is the case of the respondent- Insurance company that the appellant-claimant as per Ex.A2 wound certificate, suffered simple injury, for which she was awarded Rs.2500/-. She was awarded Rs.2000/- towards pain and suffering, Rs.5400/- towards 5% disability and the same was rounded off to Rs.10,000/-. She was also awarded proportionate costs and subsequent interest @ 9% p.a., and respondents 1 and 2 were made jointly and severally liable to pay the compensation amount to the appellant-claimant. 4. After hearing both sides and having regard to the facts and circumstances of the case, this Court is of the view that the Claims Tribunal appears to have committed error in not accepting the plea of the appellant-claimant that her notional income be fixed as per second schedule to the Motor Vehicles Act. Hence, this Court, taking into account the said plea, the monthly earnings of the appellant-claimant are notionally fixed at Rs.15,000-00 per annum. 15,000 X 18 X 5 = 13,500 100 while maintaining towards disability, however, the other amounts awarded towards simple injuries, pain and suffering remain the same i.e., Rs.2,500/- and Rs.2000/-. However, the future medical expenses cannot be considered, as the appellant-claimant, suffered only simple injury. Moreover, she did not file any medical bills. 5. With the above modification, the Civil Miscellaneous Appeal stands disposed of without costs. The enhanced amount of compensation towards 5% disability, shall carry interest @ 6 % per annum. _________________________ JUSTICE B.N.RAO, NALLA. 08-07-2010. I s L THE HONOURABLE SRI JUSTICE B.N. RAO NALLA CIVIL MISCELLANEOUS APPEAL NO. 3371OF 2002 Circulation No. 139 Date:08-7-2010 Computer No.43 Court Master: I s L