IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.NO.1196 of 2002 Date:27.10.2009. Between:- M.Raghava Reddy ..Appellant And S.M.Saifulla and another .. Respondents JUDGMENT:- This appeal is directed against the order dated 14.10.1998 in O.P.No.220 of 1994 on the file of the Chairman, Motor Accidents Claims Tribunal – cum – Additional District Judge, Madanapalle wherein the claim of the appellant for compensation was allowed in part awarding a sum of Rs.23,700/- with interest at 12% p.a. from the date of the petition. 2. Heard the learned counsel for the appellant and the learned counsel for the respondents. 3. Perused the records. 4. The petitioner filed the claim petition seeking compensation on account of injuries sustained by him in a motor vehicle accident that occurred on 31.10.1993. According to the appellant, on that day, at about 8.30 a.m., while he was coming to Piler on a motor cycle driven by his friend-C.Sadasiva Reddy and reached Pulicherla Cross, a jeep bearing No.TMW 9307 driven in a rash and negligent manner by its driver, dashed against the motor cycle as a result of which, the claimant sustained injuries including two fracture injuries on the left leg and that he was initially taken to Government Hospital, Piler and from there, shifted to S.V.R.R.Hospital, Tirupathi where he was inpatient for one week and later, he continued further treatment at St.John’s Hospital, Bangalore. According to the claimant, he was an agriculturist and also earning Rs.7,000/- per month through contracts. 5. The owner of the vehicle-respondent No.1 remained exparte. 6. Respondent No.2-insurer filed a counter opposing the claim and denying their liability to pay the compensation. 7. During enquiry, P.Ws.1 and 2 were examined and Exs.A-1 to A-7 were marked on behalf of the claimant. No oral evidence was adduced but Ex.B-1-xerox copy of the policy was marked on behalf of the insurer. 8. On a consideration of the evidence available on record, the Tribunal found that the accident occurred due to the rash and negligent driving of the jeep bearing No.TMW 9307 driven by its driver. The Tribunal also held that the appellant was entitled for a total compensation of Rs.35,700/- and after deducting the amount of Rs.12,000/- already paid under no fault liability in O.P.No.146 of 1994, the Tribunal passed the Award for the balance amount of Rs.23,700/- with interest at 12% p.a. from the date of the petition. Not satisfied with the above Award, the claimant filed the present appeal seeking enhancement of the compensation. 9. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the jeep by its driver and therefore, the respondents are jointly and severally liable to pay the compensation has become final, as no appeal is filed by them. The only question that arises for consideration in this appeal is whether the appellant/claimant is entitled for any enhancement of compensation and if so, to what extent? 10. The medical evidence on record, particularly, the testimony of P.W.1 coupled with Ex.A-1–medical certificate issued by him and Ex.A-3-certified copy of wound certificate and Ex.A-7-bunch of prescriptions would show that the claimant sustained two fracture injuries on the left leg besides other injuries and that he took treatment initially at Government Hospital, Piler, later, at S.V.R.R.Hospital, Tirupathi as an inpatient and subsequently, at St.John’s Hospital, Bangalore. The testimony of P.W.1 coupled with Ex.A-1 also shows that there was mal-union of both bones resulting in shortening of the left leg by 2 cms and it amounted to permanent disability of 20 to 25%. The Tribunal has awarded a sum of Rs.30,696/- towards loss of future income on account of permanent disability which was taken as 20%. According to the claimant, he was having Ac.10-00 cents of dry land and Ac.5-00 cents of wet land and he is also doing contracts and earning Rs.7,000/- per month. In so far as the lands are concerned, even subsequent to the accident also, the lands remained intact and claimant cultivated them and derived the same income as before. Regarding the contracts, there is absolutely, no iota of evidence produced by the claimant to show that he was doing any contracts and earning any income. The question of the claimant sustaining any loss of income on account of the permanent disability does not, therefore, arise. However, the Tribunal has taken the loss of income at Rs.1,000/- per month. By applying the multiplier of 12.79 suitable to the age of the claimant, who was aged 45 years, the Tribunal awarded a sum of Rs.30,696/- towards loss of future income on account of partial and permanent disability of 20% incurred by the claimant resulting in loss of amenities, if any. The amount of Rs.5,000/- awarded by the Tribunal towards pain and suffering is also considered just and reasonable. 11. However, the Tribunal did not award any amount towards medical expenses or other expenses in connection with the treatment undergone by the claimant on the ground that the bunch of medical bills-Exs.A-5 and A-6 produced by him appeared to be fabricated. Even assuming for a moment that the said bills are not genuine, in view of the fact that some of the bills out of the bunch pertain to the years 1994-1995, which were much subsequent to the date of the accident and the numbers and dates mentioned on them were not in sequence, the fact remains that the claimant must have necessarily incurred some expenditure in connection with his treatment which he has taken at three places initially at Piler, subsequently at Tirupathi and Bangalore. Ex.A-3 – certified copy of the wound certificate was issued by the Civil Assistant Surgeon, Government Hospital, Piler. Ex.A-1-medical certificate was issued by the Medical Officer, Community Hospital, Vayalpad, which refers to the treatment undergone by the claimant at S.V.R.R.Hospital, Tirupathi. Ex.A-7-bunch of prescriptions would show that the claimant has undergone treatment at St.John’s Hospital, Bangalore as inpatient. Under those circumstances, the Tribunal ought to have awarded some amount towards medical expenses and other expenses in connection with the treatment. Having regard to the nature of the injuries sustained by the claimant including two fracture injuries on the left leg which have ultimately led to partial permanent disability due to shortening of leg and also due to the fact that the claimant had undergone treatment at three different places, it is considered just and reasonable to award a sum of Rs.10,000/- towards medical expenses, Rs.5,000/- towards extra nourishment and Rs.5,000/- towards transport charges, besides the amounts already awarded by the Tribunal. In the circumstances, the appellant/claimant is entitled for enhancement of compensation by Rs.20,000/- with interest at 9% p.a. from the date of the appeal. The impugned Award dated 14.10.1998 is modified, accordingly, to the extent stated above. 12. In the result, the appeal is allowed in part. There shall be no order as to costs. _________________ G.V.SEETHAPATHY, J 27th October, 2009 AMD