THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3352 of 2004 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3552 OF 2004 Oral Judgment : This Civil Miscellaneous Appeal is preferred by the claimant seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal-cum- II Additional Chief Judge, City Civil Court, Hyderabad in MVOP No.1157 of 2000 by judgment dated 23-4-2004. 2) The facts in brief are that while on 16-4-2000 at about 7.00 p.m. while the claimant was driving Her Honda Motor Cycle bearing No .AP 9 9725, along with pillion rider, slowly on extreme left side of the road near Sharadanagar, Neredmet, one RTC bus bearing No. AP 9Z 54 driven by its driver with high Speed and in rash and negligent manner dashed against the Her Honda Motor Cycle as a result of which the claimant and the pillion rider fell down and received injuries. according to the claimant the wheels of the bus ran over both the hands and that he sustained fracture of right hand, fracture of left hand, crush injury to left leg, loss of skin from wrist to elbow of right hand, loss of skin over elbow joints, stiffness of elbow joints and other grievous injuries all over body. The accident occurred due to the rash and negligent driving of the driver of the said vehicle in question, the appellant therefore filed O.P. seeking compensation of Rs.6,00,000/- for the injuries sustained in the accident. 3) Before the Tribunal, the respondent-corporation filed counter denying the averments made in the claim petition. On the basis of the rival claims, appropriate issues were framed and on behalf of the appellant P.Ws. 1 and 2 were examined and got marked Exs.A.1 to A.15. On behalf of the respondent-Corporation neither oral nor documentary evidence was adduced. 4) The Tribunal on consideration of the unrebutted evidence of the appellant-claimant, coupled with Exs.A.1, A.2 came to the conclusion that the driver of the bus drove it in a rash and negligent manner, causing injuries to the appellant. The respondent- corporation did not choose to examine the driver of the bus, and considering the circumstances of the case, I see no reason to interfere with the said finding of fact arrived at by the Tribunal. 5) With regard to quantum of compensation, it is in the evidence that the appellant-claimant sustained fracture of right hand left hand, crush injury to his left leg, loss of skin from wrist to elbow of right hand, loss of skin over elbow joints, loss of teeth, injury on face and other parts of the body. According to Ex.A.3 the claimant sustained multiple injuries for both upper limbs i.e. injury to right elbow with fracture, right numerous and loss of skin, injury to left upper limit circumferential loss of skin from wrist to elbow level. According to the doctor P.W.2 the claimant sustained 70% disability vide Ex.A.14 certificate, and that the Tribunal has awarded a meager amount of Rs.70,000/- towards permanent disability and Rs.1,00,000/- towards fracture of two limbs, which are on lower side. The Tribunal itself observed about the non-functioning of right hand and skin grafting on the left, and that the claimant lost sensation in both the limbs, and that he cannot attend any work. Considering the nature of injuries and other circumstances, I am inclined to take Rs.3000/- notionally as monthly income of the claimant, who was aged about 35 years at the time of accident, and the percentage of disability at 70%, the appropriate multiplier would be 17, thus the loss of permanent disability comes to Rs.4,28,400/- ( i.e. Rs.3000 x 12 x 70% x 17 ). Thus, the amount of compensation under the heads of permanent disability, and towards fractures of two limbs ( i.e. Rs.70,000 + Rs.1,00,000/- ) is enhanced to Rs.4,28,4000/- which is the just compensation under both counts. Amount of compensation of Rs.20,000/- towards pain and suffering, extra nourishment and transportation and medical attendant, Rs.5000/- towards skin grafting, Rs.40,000/- towards medical bills and Rs.20,000/- towards future loss of income is confirmed. 6) In the circumstances, the appeal is allowed-in part granting total compensation of Rs.5,13,000/- with 7% interest per annum from the date of petition till realization on the enhanced amount. No costs. GM, J Kk/22-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3552 OF 2004 22-7-2010