IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE EIGHTH (8TH) DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.882 of 2008 Between: Pastham Narsaiah … Appellant And: B.Venugopal & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.882 of 2008 JUDGMENT: This appeal is directed against the order dated 05.11.2007 in OP No.663 of 2006 on the ﬁle of the MACT cum I Additional District Judge, Karimnagar, wherein the said claim application ﬁled by the appellant herein under section 166 of the Motor Vehicles Act, was allowed in part, awarding compensation of Rs.10,500/- as against the claim of Rs.1,00,000/-. 2. Heard both sides. Perused the record. 3. The medical evidence on record, particularly the testimony of PW.2-doctor, who treated the claimant, coupled with Ex.A.3 certiﬁed copy of the wound certiﬁcate and Ex.A.9 CT scan report, show that the claimant sustained fracture of left zygoma bone and lateral wall on left maxmillar with left maxillary haemo sinus and calciﬁed granuloma in frontal region besides that the claimant sustained simple injury of laceration over the left leg. PW.2 further deposed that the claimant was admitted in Bhoom Reddy Hospital, Karimnagar on 17.07.2006 and discharged on 20.07.2006 and Ex.A.5 is the bunch of prescriptions and Ex.A.10 is bunch of medical bills pertaining to the said treatment. The Tribunal however awarded Rs.6,000/- for the injuries and Rs.3000/- for medical expenses and Rs.1500/- towards loss of past income for one month , making up a total of Rs.10,500/-. 4. Having regard to the fact that the claimant sustained fracture injury on the head region as evidenced by Ex.A.9 CT scan report, the amount awarded appears to be on the lower side. The medical evidence on record establishes the nature of the injury sustained by the claimant and the treatment undergone by him as inpatient for three days in the hospital. In the circumstances, while retaining the amount of Rs.6000/- awarded by the Tribunal towards pain and suﬀering, it is held just and reasonable, having regard to the nature of the injuries sustained and the treatment undergone, to award a sum of Rs.5000/- towards medical expenses, Rs.5000/- towards extra nourishment and Rs.5000/- towards attendant charges and transport charges. The evidence on record shows that the claimant was a labourer. The daily wages of the labourer can reasonably be assessed at Rs.100/- per day. PW.2 stated that he advised PW.1 to take rest for a period of one month. The claimant is therefore entitled for a sum of Rs.3,000/- towards loss of past income for a period of one month. Thus, in all the claimant is held entitled for compensation in a sum of Rs.24,000/- with interest at 7.5% per annum on the original amount awarded by the Tribunal from the date of petition and at the rate of 6% per annum on the enhanced amount from the date of appeal, till the date of realization. The impugned awarded is modified accordingly. 5. In the result, the appeal is allowed to the extent stated above. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 08.11.2011 bss