THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.1527 OF 2003 JUDGMENT: This civil miscellaneous appeal is filed by the insurance company against the order of the Motor Accidents Claims Tribunal- cum-District Judge, Nizamabad, in O.P.No.616/96, dated 01.04.2002. 2. Heard. 3. It is a case of injuries, where the petitioner suffered fracture of both bones of right leg apart from certain abrasions. He was in hospital for two weeks from 04.07.1996 to 13.07.1996. 4. The relevant facts are that on 04.07.1996 while the petitioner was traveling as pillion rider on the motor cycle bearing No.AP 25/B 5940 from Choutpalli to Bhiknoor and when he reached Indalvai Market at about 8.00 a.m. the driver of Ambassador car dashed the petitioner’s motor cycle from opposite direction, on account of which the petitioner sustained fracture of right leg apart from other injuries, he was admitted to Government Hospital, where he remained for more than two weeks, he spent Rs.20,000/- for medical expenses. He was aged 20 years and earning Rs.4,500/- a month on agriculture and milk business. He became permanently disabled on account of the accident. He claimed compensation of Rs.2,00,000/-. Appropriate counters were filed by the respondent-insurance company. On the basis of pleadings, the following issues were framed: 1. Whether the accident was due to rash and negligent driving of the vehicle by its driver? 2. Whether the petitioner is entitled to compensation? If so, to what amount and against which of the respondents? 3. To what relief? On behalf of the petitioners, P.Ws.1 and 2 were examined and Exs.A1 to A8 were marked and Exs.X1 and X2 were also marked. 5. On the basis of the material on record, the learned trial Judge awarded compensation of Rs.1,40,000/- and held that respondents 1 and 2 are jointly liable for compensation. Aggrieved by the same, the insurance company filed the present appeal. 6. In this appeal, the question that has to be answered is only the quantum of compensation awarded. The learned trial Judge in Para – 2 of the judgment observed that the petitioner was a milk vendor and agriculturist and suffered fracture of both bones of right leg besides other injuries and took treatment and suffered pain and the petitioner must have suffered disability to some extent, which would have direct adverse impact on his future earnings. An amount of Rs.1,00,000/- is awarded towards loss of future earnings, Rs.25,000/- towards pain and suffering, Rs.15,000/- towards inevitable expenditure for medicines, transport and extra nourishment. 7. The amounts awarded towards pain and suffering and inevitable medical expenditure etc., to some extent can be justified, but in my opinion, the amount of Rs.1,00,000/- awarded by the trial Court towards loss of future earnings is highly excessive. Petitioner as P.W.1 has deposed that after the accident, he was unable to stand for long time, he cannot walk and he became permanently disabled. The petitioner was aged about 21 years at the time of accident, i.e. he was too young and in all probability, the injury might have been completely healed on account of his young age. No Medical Officer was examined to show that the petitioner became permanently disabled on account of the accident or to show that there was mall union of the fracture. The contention that he is not able to stand for long time and he suffered permanent disability cannot be straight away accepted in the absence of any medical evidence and in view of the fact that he was very young at the time of accident and as already referred on account of his age, there was every possibility of his injury being completely healed. 8. Considering these circumstances, granting compensation of Rs.60,000/- itself is more appropriate for the disability and inconvenience suffered by him and towards loss of income for a short time and some reduction of income for some time. 9. Considering these circumstances, awarding total compensation of Rs.1,00,000/-(Rupees one lakh only) would be appropriate on all counts. Accordingly, C.M.A. is partly allowed and the compensation is reduced to Rs.1,00,000/- from Rs.1,40,000/-. No order as to costs. ______________________ P. SWAROOP REDDY, J. 21st June 2010, Rns