THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.2416 of 2009 JUDGMENT: This appeal is directed against the order, dated 23.11.2007, in M.V.O.P.No.316 of 2005 on the file of the learned Chairman, Motor Accident Claims Tribunal-cum-V Additional District Judge, Karimnagar, wherein the said claim application filed by the appellant herein under Section 166 of the Motor Vehicles Act, 1988 ( for brevity, ‘the Act’), was allowed in part awarding compensation of Rs.1,20,612/- with interest @ 7.5% p.a. from the date of the petition. 2. Heard both sides. Perused the record. 3. Appellant herein filed the claim application seeking compensation of Rs.4,00,000/- for the injuries sustained by her in a motor vehicle accident that occurred on 28.11.2002. According to the claimant, on that day, while he was going to Boinpalli and when he reached X road of Kodurupaka, a car, driven by the 1st respondent; owned by the 2nd respondent and insured with the 3rd respondent, came in a rash and negligent manner and dashed him as a result of which he sustained multiple injuries. A case in Cr.No.90 of 2002 was registered by the police, Boinipalli police station, against the driver of the car. It is pleaded that the claimant underwent treatment as inpatient in Prathima hospital, Karimnagar for about one month during which period he underwent surgery. Respondents filed counters opposing the claim and denying the liability to pay the compensation. 4. During enquiry before the Tribunal, P.W.s1 and 2 were examined and Exs.A1 to A10 were marked on behalf of the claimant. No oral evidence was adduced but Ex.B1-copy of the policy was marked on behalf of the respondents. 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 car by the 1st respondent. The said finding is not challenged by way of any appeal by the respondents. The Tribunal awarded total compensation of Rs.1,20,612/- with interest @ 7.5%. Not satisfied with the same, the claimant preferred the present appeal. 6. The medical evidence on record, particularly the testimony of P.W.2-doctor, who treated the claimant coupled with Ex.A5-wound certificate and Ex.A6- discharge summary, would show that the claimant sustained as many as nine injuries including a grievous injury on the head and he was admitted in the hospital on 28.11.2002 and on the same day emergency surgery of left temporal region was performed and discharged from hospital on 24.12.2002. The claimant did not however adduce any evidence to show that the injuries resulted in any permanent disability. 7. The Tribunal awarded Rs.20,000/- for the head injury and Rs.12,000/- for the eight simple injuries @ Rs.1500/- per injury. 8. Learned counsel for the petitioner would submit that the Tribunal failed to award any amount for the disfigurement of the head. 9. Admittedly, there was no permanent disability. As per the II Schedule of the Act, which can be taken as a guide, the claimant will be entitled for an amount of Rs.5000/- for the grievous injury and Rs.1000/- each for the simple injuries, which comes to only Rs.13,000/- but however, the Tribunal awarded Rs.28,000/- i.e. Rs.15,000/- in excess. However, the same is left undisturbed as no appeal is filed by the respondents. The said excess amount of Rs.15,000/- can be taken to have been awarded towards disfigurement, if any, on account of the surgery on the temporal region. The Tribunal awarded Rs.66,612/- towards medical expenses and the same is borne out by the bunch of medical bills and prescription-Exs.A7 and A8. The Tribunal also awarded Rs.15,000/- towards loss of past income for a period of six months @ Rs.500/- per month. Admittedly, the claimant is an agriculturist and he continued to cultivate the land even after the accident. The question of loss of earnings does not therefore arise. However, the amount awarded by the Tribunal in a sum of Rs.15,000/- is not interfered with as no appeal is filed by the respondents. The Tribunal awarded Rs.5000/- towards extra nourishment, which is considered reasonable, but awarded only Rs.2000/- towards attendant charges. Having regard to the nature of the injuries sustained and also the fact that the claimant was hospitalized for a period of about one month during which period he underwent a surgery, it is considered that he can be awarded a sum of Rs.5000/- towards attendant charges and Rs.5000/- towards transportation charges. In view of the medical evidence available on record, the claimant is also entitled for a sum of Rs.15,000/- towards future medical expenses. Thus, the claimant is entitled for a total compensation of Rs.1,43,612/- which is rounded off to Rs.1,44,000/- with interest @ 7.5% p.a. on the original amount awarded by the Tribunal from the date of the petition and @ 6% on the enhanced amount from the date of the appeal. The impugned award is modified accordingly. 10. In the result, appeal is allowed to the extent stated above. _______________________ G.V.SEETHAPATHY, J 11th November, 2011 Tsy