HON’BLE SRI JUSTICE C.PRAVEEN KUMAR MACMA No.868 OF 2005 JUDGMENT The present appeal is directed against the judgment and award dated 29.11.2004 passed in O.P.No.869 of 1999 on the file of Motor Accident Claims Tribunal (VI Additional District Judge) at Nizamabad, wherein a sum of Rs.15,000/- was awarded as compensation to the claimant-appellant as against the claim of Rs.1,00,000/-. The facts, which led to filing of the present appeal, are as follows: The claimant was a young boy aged about 15 years as on the date of accident. According to the claim petition, on 18.9.1999 at 8.00 a.m., he went to his father’s kirana shop at Kotagally, Nizamabad to get some kirana articles and while he was returning to his house, one water tanker bearing No.ATJ 8689, driven by its driver at high speed and in a rash and negligent manner dashed against him. The claimant sustained grievous injuries all over his body. On coming to know about the incident, PW1, who is father of the claimant, rushed to the spot and thereafter, lodged a report, which was registered as Cr.No.86 of 1999 under Section 337 IPC. The claimant contended that he was earning Rs.5,000/- per month by doing business in tea powder and due to the accident, he became permanently disabled, thereby his contribution to the family got disturbed. Though he claimed a sum of Rs.8,52,500/- as compensation for the injuries sustained by him in the accident, the same was restricted to Rs.1,00,000/-. The respondent-Municipal Commissioner, Municipal Council, Nizamabad, filed counter denying the allegations made in the claim petition and also disputed the manner in which the accident took place, injuries sustained by the claimant, expenditure incurred towards treatment, loss of income and disability of the claimant. Basing on the above pleadings, the Tribunal framed the following issues. 1.Whether the petitioner is entitled to compensation sought for? 2.To what relief, the petitioner is entitled? In support of his case, the claimant examined his father as PW1 and also the doctor, who issued the disability certificate as PW2. He also got marked Exs.A1 to A33. No oral or documentary evidence has been adduced by the respondent. After considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.15,000/- as compensation towards the injuries sustained by the claimant and for the treatment taken by him. Aggrieved by the inadequate amount of compensation awarded by the Tribunal, the claimant preferred the present appeal. Heard Sri T.L.K.Sharma, learned counsel for the appellant and Sri J.Kanakaiah, learned counsel appearing for the respondent. Learned counsel for the appellant mainly contended that the amount of compensation awarded by the Tribunal is on lower side. He further contended that the Tribunal erred in not considering the medical bills which are produced on record as Exs.A13 to A30 and also Ex.A5, the disability certificate issued by PW2. On the other hand, learned counsel for the respondent contends that the Tribunal has awarded compensation which is just and reasonable and the same needs no interference. In case of injuries, the claimant is entitled to receive compensation under two heads, viz., pecuniary and non- pecuniary. Pecuniary damages (special damages) include (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising; (a) loss of earning during the period of treatment; (b) loss of future earnings on account of permanent disability. (iii) future medical expenses. Non- pecuniary damages (general damages) include (iv) damages for pain, suffering and trauma as a consequence of the injures. (v) loss of amenities (and/or loss of prospects of marriage). (vi) loss of expectation of life (shortening of normal longevity). The fact that the accident took place on 18.9.1999 at 8-00 a.m remains unchallenged. The respondent herein did not prefer any appeal questioning the said finding. The fact that the claimant sustained injuries is established by Ex.A1, the First Information Report which was registered immediately after the accident and Ex.A2-charge sheet which is filed basing on Ex.A1 and Ex.A3, the wound certificate issued by Civil Surgeon, Government Head Quarters Hospital, Nizamabad. Ex.A3 clearly discloses that the claimant was admitted in Government Hospital, Nizamabad at 6.10 p.m on 18.7.1999. X-ray No.526 was taken and plaster of paris cast was put on the fracture bone of the leg. Initially, he took treatment at Government Hospital, Nizamabad and thereafter, he got himself treated in a private hospital at Nizamabad. The fact that the claimant, who is son of PW1, sustained fracture injuries, remain unchallenged. It was not even suggested to PW1 about the manner in which the accident took place and also the nature of injuries sustained by the claimant. As stated above, immediately after the accident, the claimant was taken to Government Hospital, Nizamabad ,where he took treatment for the injuries sustained by him as inpatient for a couple of days. The medical bills which are produced as Exs.A15 to A30 were not considered by the Tribunal. No reasons have been assigned by the Tribunal as to why the same were not taken into consideration for the purpose of calculating the medical expenditure. Though the said bills were not taken into consideration, the Tribunal awarded a sum of Rs.5,000/- towards expenditure for the treatment. It is true that the persons who issued the said medical bills, were not examined, but the fact remains that these documents were marked without any objection from the respondents. No suggestion was put to PW1 disputing the authenticity and credibility of the contents of the said documents. The Motor Vehicles Act being a beneficial legislation the Court can take note of the said documents since they were marked without any objection from the respondents. The said documents which were produced as Exs.A15 to A30 would disclose that PW1 has incurred expenditure of Rs.11,500/- for the treatment taken by the claimant over the period of time and the said amount can be taken as the expenditure incurred for the treatment taken by the claimant. Therefore, the amount of Rs.5,000/- awarded by the tribunal is enhanced to Rs.11,500/-. No amount has been awarded towards transportation, attendant charges and extra nourishment. The fact that the claimant sustained fracture and was also bedridden for couple of months being not disputed, I deem it appropriate to award a sum of Rs.5,000/- towards extra nourishment, transportation charges and attendant charges. Coming to the amounts awarded under general damages, the Tribunal only award a sum of Rs.5,000/- towards grievous injuries and Rs.5,000/- towards loss of education. In view of the above discussion with regard to the nature of the injuries sustained by the claimant, I deem it appropriate to award a further sum of Rs.6,500/- towards pain and suffering for the injuries sustained apart from Rs.5,000/- awarded by the Tribunal. Learned counsel for the appellant mainly contended that the claimant sustained 50% disability and as such, he is entitled for the more amount than awarded by the Tribunal. He relied upon the evidence of PW2 coupled with Ex.A5, the disability certificate issued by PW2. The evidence of PW2 clearly revealed that he examined the claimant only on 10.12.2003, obtained X-ray of right leg and opined that the claimant is suffering from mal united fracture of both bones of right leg and assessed the disability at 50% which is permanent. The appellant herein failed to file X-ray taken on 10.12.2003. Further, no steps have been taken by the claimant to get himself examined by the Medical Board to assess the disability. It is not in dispute that there is a Medical Board at Government Head Quarters Hospital, Nizamabad. But, no steps have been taken either by the claimant or by the respondent to get the disability certificate issued by the Medical Board. Further, the X-ray which was taken prior to the issuance of the said disability certificate was not produced before the Court. There is any doubt with regard to the evidence of PW2 since he never treated the claimant at any point of time prior to issuance of such certificate. Therefore, the Tribunal rightly held that the claimant failed to prove the extent of disability sustained by him. With regard to the loss of income, the claimant was aged about 15 years at the time of accident and his father was examined as PW1. PW1 stated that his son was doing degree in Open University. According to him, his son was also doing business in tea powder and earning Rs.5,000/- per month. Ex.A31 is the certificate said to have been issued by the Proprietor of Bombay Tea Company, Nizamabad. A perusal of the said certificate would show that the claimant was working under him since last six years as tea powder supplier to retail shops. If the said certificate is to be accepted, the claimant was found to be earning Rs.5,000/- per month since his age was 13 years, which in my view appears to be highly improbable. The Tribunal rightly rejected the documents and the evidence of PW1 to that effect but however awarded a sum of Rs.5,000/- towards loss of education for a period of three months, which in my opinion appears to be appropriate and reasonable. Therefore, taking into consideration the nature of injuries sustained, treatment taken and the loss of studies, the compensation of Rs.15,000/- awarded by the Tribunal is enhanced to Rs.33,000/-. With the above modification, the Civil Miscellaneous Appeal is allowed in part and the enhanced amount of Rs.18,000/- shall carry interest at 6% from the date of petition till the date of payment. No order as to costs. ________________________ JUSTICE C.PRAVEEN KUMAR 24th January, 2013 rkk