THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Civil Miscellaneous Appeal No.2538 of 2000 Date : 24-11-2009 Between : Smt.Nazmunissa Begum .. Appellant And M/s.Saraswathi Saw Mills and two others .. Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Civil Miscellaneous Appeal No.2538 of 2000 JUDGMENT: This appeal is by the claimant to the extent of disallowed claim. The aforesaid Claim Petition in O.P.No.586 of 1996 before the Motor Accidents Claims Tribunal, Ranga Reddy District, was filed seeking compensation of Rs.60,000/- on account of the injuries sustained by the claimant in the accident, which occurred on 13-05-1996. According to the appellant, while she, along with her husband, was proceeding on the scooter bearing No.AP 28 4253, at bus depot, Kushaiguda, an Ambassador Car bearing No.AP 10 4998, belonging to the first respondent, came in a rash and negligent manner with high speed in opposite direction and dashed to the scooter, due to which, the appellant and her husband sustained grievous injuries, besides fracture. The claimant impleaded the respondent No.2, which is insurer of the scooter, as well as the respondent No.3, which is insurer of the offending car belonging to the first respondent. In the said claim petition, the evidence on behalf of the claimant comprised of P.W.1, the claimant herself and P.W.2, eyewitness to the said accident. On issue No.1, the Tribunal below held that the accident occurred on account of the rash and negligent driving of the offending car belonging to the first respondent. So far as quantum of compensation is concerned, the Medical Certificate, Ex.A4, shows that the left patella i.e., knee cap of the claimant was fractured resulting in prolonged medical treatment and based thereon the compensation of Rs.23,500/- was awarded, which includes Rs.500/- towards transportation, Rs.2,800/- towards medical bill, Rs.200/- towards damages to the cloths, Rs.15,000/- towards the injury and Rs.5,000/- towards pain and suffering. Heard both sides. Learned counsel for the appellant submits that the claimant was carrying on avocation as a Tailor and on account of the accident, she was disabled from carrying on the said avocation for about 4 to 6 months resulting in loss of earnings. Learned counsel also submit that knee cap, which was fractured, is a serious injury resulting in not only extensive medical treatment, but a prolonged treatment as well. He, therefore, submits that compensation awarded by the Tribunal below may be appropriately enhanced. Learned counsel for the third respondent - insurance company submits that no Doctor is examined and as such the award of the Tribunal need not be interfered with, as only certificates, bills and prescriptions are filed in support of the claim. Having considered the aforesaid contentions, it is evident that the claimant has taken treatment for more than 1 ½ month, during which she was hospitalised at least in two different hospitals. The fracture injury of such nature as is evident from the prescriptions - Exs.A3 and A4 and medical bills 17 in number marked under Ex.A5 show that she must have suffered substantial pain, discomfort and prolonged medical treatment. It is also evident that during the said period she was unable to work and consequently was not able to carry on with the profession as a Tailor directly resulting in loss of earnings. The said aspect has not been considered by the Tribunal below and as such under the head of loss of earnings if considered now would meet the ends of justice. Since the loss of earnings as a Tailor is for about a period of four to six months, at least taking the income as Rs.2,000/- per month, a further enhancement of Rs.12,000/- on the said count is just and proper. Further, the medical bills awarded by the Tribunal are only to the extent of Rs.2,800/-, whereas injury of that nature would not only cost medicines but extra nourishment as well and as such the said amount of Rs.2,800/- deserves an appropriate enhancement and should be rounded off to Rs.10,000/-. Accordingly, the Civil Miscellaneous Appeal is allowed in part enhancing the compensation awarded by the Tribunal by Rs.12,000/- towards loss of income and sum of Rs.7,200/- towards medicines and extra nourishment. The said enhanced amount shall carry interest at 7.5% from the date of claim till realisation. There shall be no order as to costs. __________________________ VILAS V. AFZULPURKAR, J. 24th November, 2009. skmr