THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.429 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the judgment and decree, dated 3.7.2002, in O.P.No.1192 of 2001, passed by the II Additional Chief Judge, City Civil Court, Hyderabad, awarding a sum of Rs.1,34,678/- towards compensation, as against the claim of Rs.4,00,000/- for the injuries sustained by the appellant-claimant in the accident that occurred on 30.4.2001 at 8-00 p.m., near Shivareddyguda on Hyderabad-Warangal road, due to the rash and negligent driving on the part of driver of the auto, bearing registration No.AP 5383, the present civil miscellaneous appeal has been preferred. 3. The appellant herein is the claimant, first respondent is the owner of the offending auto and the second respondent is its insurer, in the O.P., before the Court below. 4. This is a case of injuries sustained by the claimant in the motor accident. The particulars regarding the accident, the injuries suffered by the claimant and the aspect of negligence are not referred to since not in dispute. 5. The Court below, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.1,34,678/- towards compensation. Hence the present appeal. 6. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 7. The case of the claimant was that he was earning Rs.3,000/- per month as vendor in milk and vegetables. But, there is no proof except the assertion of the claimant. Therefore, the Court below arrived at Rs.1,500/- per month as the earnings of the claimant. It is also not in dispute that because of the injuries, the claimant sustained fracture of both bones of right leg and it was amputated upto knee level. Such injury, which is to be carried by the claimant all through his life, would certainly cause great amount of agony. 8. The claimant was aged about 18 years as on the date of accident. Therefore, the Court below had rightly applied the multiplier as 19.57. But, so far as the estimation of disability is concerned, P.W.2, the Civil Surgeon of Osmania General Hospital, Hyderabad, issued disability certificate Ex.A-6, estimating the disability at 40%. Inspite of the conservative estimation made by P.W.2, the Court below further slashed such estimation and made it to 30% as disability, which in my considered view, is definitely low and unjustifiable. Therefore, in the light of the evidence of P.W.2, I feel it appropriate to award the compensation taking into consideration the disability at 40% and, in which event, the loss of partial disability comes to Rs.1,41,000/- (Rs.1,500/- x 12 x 19.57 x 40% = 1,40,904/-, rounded off to Rs.1,41,000/-). 9. Further, the Court below awarded a sum of Rs.25,000/- towards pain and suffering. In this regard, it is to be seen that the amputation of leg upto knee level by a common man of 18 years old is something beyond anybody’s imagination. Therefore, I feel it appropriate to award a sum of Rs.40,000/- towards pain and suffering, instead of Rs.25,000/- as awarded by the Court below. 10. I am not inclined to interfere with the compensation awarded by the Court below under other heads. Therefore, in all, the claimant is entitled to a sum of Rs.1,85,000/- i.e., Rs.1,41,000/- towards loss of partial disability, Rs.3,000/- towards medical expenses, Rs.1,000/- towards transport charges and Rs.40,000/- towards pain and suffering. 11. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.1,34,678/- to Rs.1,85,000/- (Rupees one lakh eighty five thousand only). The additional amount of Rs.50,322/- (Rupees fifty thousand three hundred and twenty two only) shall carry interest at 7.5 per cent per annum from the date of filing of the O.P. before the Court below, till realization. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 24.06.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.429 of 2003 24.06.2010 (Msr)