HON’BLE SRI JUSTICE B.PRAKASH RAO And HON’BLE SRI JUSTICE P.DURGA PRASAD LETTER PATENT APPEAL No.29 of 2002 JUDGMENT: (Per Hon’ble Sri Justice P.Durga Prasad) This appeal is preferred against the order passed in C.M.A.No.1302 of 1995 by the learned single Judge on 07-02-2001. The appellant herein is the claimant and he has filed O.P.No.35 of 1990 before the Tribunal claiming compensation of Rs.1,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 08-10-1988. While he was proceeding on a scooter bearing Regn.No.ABI-8569, a jeep bearing Regn.No.APJ- 2327 of Panchayat Raj Department, Bodhan came in opposite direction and dashed to his scooter, as a result of same, he fell down and sustained fracture to his left leg and other injuries. The first respondent did not file any counter, the second respondent remained ex parte and third respondent opposed the petition stating that the accident was occurred not due to the rash and negligent driving of the driver of the jeep, but due to the negligent driving of the rider of the scooter. The Tribunal held that the accident has occurred due to the rash and negligent driving of the driver of the jeep and by taking into consideration the disability certificate issued by P.W.2, granted compensation of Rs.40,000/-. The claimant preferred the C.M.A and the learned single Judge enhanced the compensation from Rs.40,000/- to Rs.53,000/-. The claimant having not satisfied with the said enhancement has preferred the present appeal. The contention of the appellant’s counsel is that the claimant is working as an Assistant Engineer and drawing salary of Rs.3,000/- per month and he sustained 50% disability and as such he is entitled for Rs.1,00,000/- as compensation. The claimant has produced Ex.A.3 Wound certificate, Ex.A.7 Medical Certificate, Ex.A.8 Disability Certificate and Ex.A.9 Salary Certificate. As per Ex.A.3 Wound Certificate, the claimant sustained (1) Malunited fracture of both bones of left leg (2) shortening of left leg by one inch (3) left knee joint motion mild restriction (4) left ankle joint motion mild restriction (5) and Chronic Osteo Nuyelitis (infection) of left tibia with adina of left ankle. As per Ex.A.8, the claimant has sustained 45% disability. As per Ex.A.9 salary Certificate, the claimant was drawing Rs.3,198/- as on the date of accident. By taking into consideration the said salary and as the claimant sustained 45% disability and is aged about 48 years as on the date of accident, the appropriate multiplier that is applicable for assessing the loss of earnings is 15. Then the compensation comes to Rs.3,000/- x 12 x 15 x 45/100 = Rs.2,43,000/- which is far more than the compensation claimed by the claimant. Since the claimant has claimed compensation of Rs.1,00,000/- only we limit the compensation payable to the claimant at Rs.1,00,000/-. Accordingly, the Letter Patent Appeal is allowed enhancing the compensation from Rs.53,000/- to Rs.1,00,000/- with future interest at 7% p.a., on the enhanced amount. ________________ B.Prakash Rao, J _________________ P.Durga Prasad, J 2nd February, 2011 VJL/LVL