IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SIXTH [26TH] DAY OF NOVEMBER, TWO THOUSAND AND NINE Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.2518 of 2003 Between: N. Yellaiah Appellant And: V Chandramohan & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.2518 of 2003 JUDGMENT: This appeal is directed against the order dated 24.02.2003 in OP No.2176 of 2001 on the file of the IV Additional Chief Judge-cum- Motor Accidents Claims Tribunal, City Civil Courts, Hyderabad (for short ‘the Tribunal’], wherein, the claim of the appellant was allowed in part awarding compensation of Rs.1,02,760/- with interest at 9% per annum from the date of petition. 2. Heard the learned counsel for the appellant and the learned counsel for the 2nd respondent-insurer. Perused the record. 3. The appellant filed claim application seeking compensation of Rs.1,50,000/- on account of the injuries sustained by him in the motor vehicle accident that occurred on 06.08.2001. According to him, he was going on a scooter at SBH Cross-roads fly over bridge, Secunderabad, one Tata sumo jeep bearing No.AP 9 Q 2169 driven by its driver in a rash and negligent manner, dashed against him, resulting in grievous injuries including fracture to the left leg, which led to permanent disability. It is further pleaded that the claimant is a carpenter and because of disability, he is unable to eakout his livelihood. 4. The owner of the vehicle remained exparte. The 2nd respondent-insurer filed counter opposing the claim and denying their liability. During enquiry, PWs.1 to 3 were examined and Exs.A.1 to A.8 were marked on behalf of the claimant. No oral evidence was adduced by the 2nd respondent but Ex.B.1 copy of the policy was marked. 5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the Tata sumo AP 9 Q 2169 by its driver and this finding has become final, as no appeal is filed challenging the same. The Tribunal further held that the claimant is entitled for a total compensation of Rs.1,02,760/-. Not satisfied with the award passed by the Tribunal, the claimant filed the present appeal. 6. The medical evidence on record shows that the claimant sustained a fracture of left leg, which led to shortening of leg by 1½ inch. PW.2 is the Medical Officer, who examined the claimant and issued permanent disability certificate Ex.A.4, testified that the disability is partial and permanent to the extent of 40%. The Tribunal, however, has taken into consideration only 30% of the disability for no reasons while estimating the loss of earning capacity. When a competent medical expert has examined the claimant and assessed nature and extent of the disability, there is no reason for reducing the same that too without there being any basis for such reduction. Further, the Tribunal has taken the income of the claimant at Rs.1200/- per month. The evidence on record shows that the claimant was working as a carpenter and that he is a skilled worker and he was employed by PW.3. Ex.A.8 salary certificate issued to the claimant, no doubt shows that he was getting salary of Rs.3,000/- per month, but the same appears rather on higher side. At the same time, the amount of Rs.40/- per day taken as wages by the Tribunal also appears rather low, considering the fact that the claimant was a skilled worker, being a carpenter. It is therefore, held just and reasonable to take into consideration the daily wages of the claimant at Rs.50/- per day, which comes to Rs.1500/- per month or Rs.18,000/- per annum. The claimant was aged 30 years and the suitable multiplier is 18, regarding which, there is no dispute. Applying the same, loss of earning capacity to the extent of 40% disability works out to Rs.1,29,600/- [Rs.18,000/- x 18 multiplier x 40%] . Thus the claimant is held entitled for a sum of Rs.1,29,600/- towards loss of earning capacity on account of the disability. The claimant is also held entitled for a sum of Rs.10,000/- towards pain and suffering, Rs.616.20 towards medical bills covered under Ex.A.5, Rs.10,000/- towards medical and other incidental charges i.e., transportation and extra-nourishment and Rs.5,000/- towards future medical expenses, as awarded by the Tribunal. Thus in all the claimant is held entitled for compensation of Rs.1,55,216.20 [Rs.1,29,600/- + Rs.25,616.20], which is limited to Rs.1,50,000/- as claimed by the claimant/appellant,. 7. In the circumstances, the claimant is entitled for a total compensation of Rs.1,50,000/- with interest at 9% per annum on the original amount awarded from the date of petition and at the same rate on the enhanced amount from the date of appeal, till the date of realisation. 8. In the result, the appeal is allowed as stated above. No order as to costs. _______________________ G.V.SEETHAPATHY, J Date: 26.11.2009 bss