HON'BLE SRI JUSTICE GHULAM MOHAMMED MACMA NO. 2055 OF 2005 JUDGMENT: This appeal is filed under Section 173 of Motor Vehicles Act, 1989 against award dated 15-02-2005 passed in O.P.No.2650 of 2001 on the file of the Court of the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad. 2. The appellant herein is the claimant and the respondents herein are the respondents herein in the said O.P. For the sake of convenience, the parties would be referred to as arrayed in the O.P. 3. The factual background for the appeal is that on 22-11-2000 at 10.00 PM the claimant was travelling on his motor cycle bearing No.AP 24 2835 from Tandur to Miryalguda and at Madugulapally village a van bearing registration No.AHB 5161, proceeding towards Miryalguda, came very high speed in a rash and negligent manner and dashed against the claimant, as a result, the claimant sustained grievous injuries and fractures all over his body. Nalgonda police have registered a case in Crime No.69 of 2000. 4. To prove his claim, P.Ws.1 to 3 was examined and got marked Exs-A-1 to A-20. On behalf of the respondents, none was examined, but Ex.B.1-Insurance Policy was marked. 5. The claimant stated that he sustained injuries like contusion 10” x 10” over the right thigh over the right knee joint, irregular lacerations over right hip joint, right knee joint, posterior dislocation of right hip, fracture of shaft of right femur, laceration 1” x 1’4 x 1/8 right eye brow, multiple abrasions over back of left thigh. The same were spoken to by P.W.-2 doctor who treated the claimant. The claimant claimed a sum of Rs.10,00,000/- as compensation. 6. On behalf of the respondents, R.W.1-owner remained ex parte and R.W.2 filed its counter denying the occurrence and the narration of the incident and contended that the compensation claimed by the petitioner is excessive. R-2 further contended that the crime vehicle was not insured with the respondent company and hence, it is not liable to pay any compensation. 7. On the basis of the pleadings, the Tribunal framed issues as to the culpability in causing the accident and the entitlement of the claimant to compensation. The Tribunal considering the evidence of PWs. 1 and 3 and also Exs.A-1 to A-20, awarded a sum of Rs.2,47,000/- against a claim of Rs.10,00,000/-. Dissatisfied with the quantum of compensation granted by the Tribunal, the petitioner/claimant preferred this appeal. 8. As seen from the record, it is no doubt true that due to rash and negligent driving of the van bearing No. AP 24 2835 by its driver, the accident occurred and due to which, the claimant sustained grievous injuries on 22-11-2000. As far as the claim of compensation is concerned, according to PW-1, the claimant was hale and healthy prior to accident and was working as Sales Manager in Coal Depot. Further, no profession and income certificates of the injured are produced before the Court. However, the age of the injured is assessed to be 33 and by considering the circumstances of the case, ends of justice would be met if the earnings of the injured is fixed at Rs.3,500/- per month and per annum it comes to Rs.42,000/- (Rs.3,500/- x 12months=Rs.42,000/-). It has come in the evidence that the claimants sustained the injuries detailed in Ex.A-3. Though the disability certificate was issued by the doctor and marked as Ex.A-18, the lower Court did not consider the 50% disability as the doctor who issued the disability certificate was not examined but having regard to the fact that the claimant sustained grievous injuries as detailed in Ex.A-3, the disability can be safely fixed at 50%. Thus, out of Rs.42,000/- if 50% is deducted, it comes to Rs.21,000/-. As per the decision of the Hon’ble Supreme Court reported i n SARALA VERMA VS. DELHI TRANSPORT CORPORATION[1], the relevant multiplier considering the age of the claimant is ‘17’ and if the same is applied, the loss of earnings to Rs.3,57,000/- (Rs.21,000x17= Rs.3,57,000/-). Apart from this, a sum of Rs.1,74,000/- towards medical bills, Rs.15,000/- towards pain and suffering and Rs.5,000/- towards transport charges are awarded, totaling to an amount of Rs.5,51,000/- is awarded. 9. Accordingly, this appeal filed by the appellant is partly allowed. As far as the interest is concerned, the rate of interest granted by the Tribunal is set aside and 6% per annum is granted. There shall be no order as to costs. ____________________ GHULAM MOHAMMED, J March 17, 2011 SP/KK HON'BLE SRI JUSTICE GHULAM MOHAMMED MACMA NO. 2055 OF 2005 March 17, 2011 SP/KK [1] 2009 (6) scale 129