THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3132 OF 2004 G. Anjaneyulu V APSRTC THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3132 OF 2004 Oral Judgment : This Civil Miscellaneous Appeal is preferred by the claimant seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal-cum- District Judge, Kurnool in MVOP No.1042 of 2002 by judgment dated 24-5- 2004. 2) The facts in brief are that while on 3-7-1997 at about 4.00 p.m. the claimant was returning from school and when he was crossing the road, the RTC bus bearing No.AEZ 4913 came at high speed from Wanaparthy side and dashed against the claimant, who was aged about 5 years at the time of accident, and caused grievious injuries on his left leg. The claimant stayed in Government General Hospital, Kurnool for 36 days and his left leg was amputated and thus sustained permanent disability on account of the accident, and therefore sought for compensation of Rs.3,00,000/- contending that the accident occurred due to the carelessness and negligence of the driver of the bus who was under the employment of the respondnt-Corporation, and they are liable to pay the said compensation. 3) Before the Tribunal, the respondent filed counter denying all the material allegations made in the claim petition. On the basis of the rival claims, appropriate issues were framed. On behalf of the claimant, his father was examined as P.W.1, eye witness of the accident was examined as P.W.2, the doctor as P.W.3, and brother of the claimant as P.W.4 and got marked Exs.A.1 to A.4. Ex.X.1 was got marked through P.W.3. Whereas on behalf of the respondent, the driver of the bus involved in the accident was examined as RW 1, however, no document was got marked on its behalf. 4) The Tribunal on consideration of the evidence, including of P.W.2, and the contents of Ex.A.1, disbelieved the version of the driver of the bus and rightly held that the driver of the bus drove it in a rash and negligent manner, causing injuries to the appellant. 5) With regard to quantum of compensation, it is in the evidence that the appellant-claimant received injuries resulting amputation of his left leg. Ex.A.2 is the original discharge card issued by the Government General Hospital, Kurnool, Ex.A.3 is the bunch of medical bills, that according to the evidence of P.W.3-doctor, the claimant got above knee amputation on left side, and he is walking with the support of crutches, the percentage of disability is 70% which is partial and permanent in nature. Considering the nature of injuries and other circumstances, I am inclined to take Rs.15000/- as loss of earnings, annually, and the percentage of disability at 70% sustained by the appellant at the age of 5 years, the appropriate multiplier would be 18, thus total loss of income comes to Rs.1,89,000/- and thus, the amount of Rs.75,000/- granted towards loss of earnings enhanced to Rs.1,89,000/-. The other an amounts of Rs.30,000/- granted towards pain and suffering, Rs.30,000/- towards future expenditure for having an artificial leg throughout his life, Rs.15,000/- towards attendant charges, and Rs.630/- towards medical bills are confirmed. 6) In the circumstances, the appeal is allowed- in part granting total compensation of Rs.2,64,630/- with 7% interest per annum from the date of petition till realization on the enhanced amount. No costs. GM, J Kk/22-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3132 OF 2004 22-7-2010