THE HONOURABLE SRI JUSTICE D.S.R.VARMA C.M.A.No.1423 of 2003 ORAL JUDGMENT: Heard both sides. Dissatisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal-cum-I Additional District Judge, Karimnagar, (for short ‘the Tribunal’), in O.P.No.614 of 1999, by order and decree, dated 30.12.2002, the claimant preferred the present appeal. As against the claim of Rs.2,00,000/-, the Tribunal, after considering the evidence, both oral and documentary, on record, awarded a sum of Rs.85,000/- towards compensation for the injuries suffered by the claimant in the accident that occurred 10.10.1998. The method and manner in which the accident occurred and the rash and negligence on the part of the driver of the offending vehicle resulting in the accident are not in serious dispute, hence, I do not find any necessity to go into all those facts. The only question that arises for consideration in this appeal is as to whether the compensation awarded by the Tribunal is adequate or not? It is not in serious dispute that the injured was a toddy tapper. The claimant got himself examined as P.W-1. P.W-2 who is an independent witness was examined in order to prove the said accident and P.W-3 is the doctor who treated the injured and that Exs.A-1 to A-58 were marked. It is the case of the claimant that he sustained injuries on his left knee, right chin, right chest and right side of fore head and also fracture of both legs and right wrist. He lost conscious after he met with the accident and regained conscious only after 5 or 6 days after he was admitted in Surya Hospital as an inpatient. He was admitted in the hospital for about 98 days. Surgery was performed on both legs and rods were inserted in his both legs. While conducting the surgery, skin grafting was also done. It is his further case that he spent Rs.90,000/- for hospital charges including for purchase of medicines and that, for about an year he was not able to walk due to fracture of his legs. P.W-3-doctor who treated the claimant-injured stated that the claimant was admitted in the hospital on 10.10.1998; that there were multiple lacerated wounds and fracture of both the bones of his legs and fracture of the right wrist; and that the claimant sustained three major fractures and six simple injuries as mentioned in the medical certificate marked as Ex.A-4. Having regard to the facts and circumstances, particularly in view of the fact that the claimant was a toddy tapper though no specific income could be estimated, still the Tribunal awarded a sum of Rs.85,000/- as compensation. But, in view of the serious injuries sustained by the claimant, as spoken to by the doctor-P.W-3, and the consequences thereto, the loss of his earning capacity after he sustained the said major fractures, I feel it appropriate to enhance the amount of compensation by a sum of Rs.25,000/-. The enhanced compensation of Rs.25,000/- shall carry interest at the rate of 7% per annum from the date of filing the said O.P. before the Tribunal till the date of realisation. In the result, the Civil Miscellaneous Appeal is allowed in part, to the extent indicated above. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA​ 07th October 2010