IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.326 of 2008 Date:14.07.2011 Between: Korrapati Muni Stallin @ Prathap .....Petitioner AND Badveli Chinna Reddy and another ....Respondents THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.326 of 2008 JUDGMENT: Aggrieved by the order and decree dated 22.11.2007 passed in M.VO.P.No.171 of 2003 on the file of Motor Vehicle Accident Claims Tribunal-cum-II Additional District Judge, Kadapa, the present CMA is filed. The case of the petitioner is that he was the injured in a motor accident on 29.4.2002 due to the negligent driving of the vehicle TN 31 N 1001 by its driver and hence he filed an application before the Tribunal below claiming compensation of Rs.2.00 lakhs. While evaluating both oral and documentary evidence, the Tribunal below awarded total compensation of Rs.16,000/- to the petitioner against the respondents 1 and 2 holding that they are jointly and severally liable to pay the said compensation along with an advocate fee of Rs.1,000/-. The learned counsel appeared for the petitioner mainly contended that the Tribunal without assessing the evidence on record, awarded the paltry amount of Rs.16,000/- against the claim of Rs.2.00 lakhs which is erroneous and that the apportionment of the compensation on the head of contributory negligence is without any evidence on record and that the Tribunal failed to grant any compensation towards the extra nourishment. Now the point that arises for consideration is whether the claimants are entitled for any enhance of compensation? As per the impugned order, the factum of the accident is not disputed. According to the evidence of P.W.1 he was inpatient in the hospital for about 30 days and spent Rs.25,000/- towards medical expenses, transportation charges and that the injury sustained by him is grievous in nature. The Tribunal below awarded compensation of Rs.20,000/- towards one grievous injury and Rs.1,000/- towards simple injury and Rs.7,000/- towards medical expenses, pain and suffering and loss of earning. In total it comes to Rs.28,000/- and granted Rs.16,000/- towards compensation with proportionate costs observing that the accident was due to the contributory negligence of the injured. During the course of arguments the counsel appeared for the appellant shown the certified copy of the orders in C.C.No.219 of 2002 on the file of the I Additional Judicial Magistrate of the First Class, Prodatur and urged that when the driver of the offending bus admitted his guilt and he was fined, the question of apportionment of compensation on the ground of contributory negligence does not arise. The petitioner did not file the judgment in C.C before the Tribunal. Having gone through the contents in CC No.219 of 2002 and the charge sheet, the crime number the name of the driver of the offending vehicle is one and the same. As per the judgment in CC No.219 of 2002, the driver of the offending vehicle was convicted to pay a fine of Rs.600/- for the offence punishable under Section 338 IPC on his admission. In view of the clear admission of the driver of the offending vehicle who is responsible for the accident, the finding of the Tribunal below that there is contributory negligence on the part of the injured is not sustainable. Therefore, the apportionment of compensation reducing to Rs.12,000/- on that score is not sustainable. More over the Tribunal below granted only Rs.7,000/- towards medical expenses for pain and suffering and loss of earnings. In my view, the aforesaid award is very meager. Therefore, a sum of Rs.15,000/- is granted on the said head. In total, the petitioner is entitled for Rs.35,000/- towards compensation with interest @ 7.5% per annum from the date of petition till the date of realization. With this modification, the appeal is partly allowed. No costs. _________________ K.S.APPA RAO,J Date: 14th July, 2011. Gk THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.326 of 2008 Date: 14.07.2011 Gk.