IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD WEDNESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.99 OF 2009 Between: The Vice Chairman and Managing Director, APSRTC, Musheerabad, Hyderabad. …Appellant A n d Tadepalli Gopalarao and another ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.99 OF 2009 JUDGMENT: This appeal is directed against the award dated 10- 10-2008 in M.V.O.P.No.885 of 2007, on the file of the Motor Accidents Claims Tribunal (District Judge). Eluru, (for short ‘the Tribunal’), wherein the said claim application filed by the first respondent herein seeking compensation was allowed, awarding compensation of Rs.1,89,243/- with interest at 7.5% per annum from the date of petition till realization. 2. Heard the learned counsel for the appellant- APSRTC and the learned counsel for the first respondent- claimant. Perused the records. 3. The first respondent herein filed the claim application seeking compensation of Rs.2 lakhs on account of the injuries sustained by him in a motor vehicle accident that occurred on 26-08-2007. According to him, on that day, he was traveling in the APSRTC bus bearing No.AP 10Z 9049 to go to Vijayawada and that at about 10-00 A.M., on account of rash and negligent driving of the bus by its driver, the bus dashed against the lorry resulting in crush injury to the claimant on both legs and other grievous and simple injuries. The claimant was shifted to Government Hospital, Eluru and later taken to Sri Sai Sanjeevani Hospital, Tadepalligudem for better treatment. 4. The appellant-APSRTC filed a counter opposing the claim and denying their liability to pay the compensation. 5. During enquiry, the claimant was examined as P.W.1 and Dr.P.Murali Krishna, who treated the claimant was examined as P.W.2 and Exs.A-1 to A-11 were marked. No oral or documentary evidence was adduced on behalf of the APSRTC. 6. On a consideration of the material available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the bus by its driver. The Tribunal further held that the claimant is entitled for a total compensation of Rs.1,89,243/-. Insofar as the first finding is concerned, the same does not call for any interference by this Court, inasmuch as the oral and documentary evidence adduced by the claimant clearly established that the accident occurred due to the rash and negligent driving of the bus by its driver. 7. Regarding the quantum of compensation, the Tribunal awarded Rs.75,000/- for the three fracture injuries sustained by the claimant on the legs and Rs.5,000/- for the simple injury and Rs.10,000/- for pain and suffering and Rs.73,243/- for medical expenses, Rs.20,000/- towards costs of future operation, Rs.3,000/- for attendant charges and Rs.3,000/- for extra nourishment, making up a total of Rs.1,89,243/-. The evidence on record shows that the claimant sustained three fracture injuries and he had taken treatment initially at Government Hospital, Eluru and he was inpatient in Sri Sai Sanjeevani Hospital, Tadepalligudem for 7 days. P.W.2, the doctor who treated the claimant, testified to the nature of the injuries sustained and also the treatment undergone by the claimant. Though the claimant alleges that the injuries have resulted in permanent disability, he has not adduced any evidence to show the nature and extent of the alleged permanent disability. No certificate of disability issued by any competent medical board is also produced. The question of awarding any compensation on account of the alleged permanent disability does not, therefore, arise. The Tribunal did not, however, specify as to the purpose for which the amount of Rs.25,000/- for each of the three fracture injuries is awarded in a total sum of Rs.75,000/-. Besides the said amount, the Tribunal awarded Rs.5,000/- for the simple injury and Rs.10,000/- for pain and suffering. 8. As per the II Schedule of the Motor Vehicles Act, in case of a grievous injury, compensation for pain and suffering can be awarded at Rs.5,000/- and for non- grievous injury Rs.1,000/-. The claimant is, therefore, entitled for compensation towards pain and suffering in a sum of Rs.5,000/- for each of the three injuries and Rs.1,000/- for the simple injury, making up a total of Rs.16,000/-. The Tribunal awarded Rs.73,243/- towards medical expenses besides granting Rs.20,000/- towards cost of future expenses. Having regard to the fact that the claimant sustained three fracture injuries and was hospitalized for a period of one week and in view of the bunch of medical bills Ex.A-8 and other medical evidence covered by Exs.A-7, A-9 to A-11 and having regard to the fact that the claimant is required to undergo a future operation for removal of the road, the above said amounts awarded by the Tribunal are held to be just and reasonable. Similarly, the amount of Rs.3,000/- awarded towards attendant charges and Rs.3,000/- towards extra nourishment are also considered to be reasonable. The claimant is held entitled for a sum of Rs.5,000/- towards transportation charges. Thus, in the absence of any evidence regarding the alleged permanent disability, the claimant is held entitled only for a sum of Rs.1,20,243/- with proportionate interest at 75% per annum and costs. The impugned award is modified accordingly. 7. In the result, the civil miscellaneous appeal is allowed to the extent stated above. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 08th June, 2011 Lrkm