THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No.1287 of 2002 Date:23.04.2010 Between: R.V.Naidu …Appellant And K.Maddaiah and another ….Respondents THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No. 1287 of 2002 JUDGMENT: This appeal is filed by the claimant against the award, dated 16.07.1998 passed by the Motor Accidents Claims Tribunal-cum- IV Additional District Judge, Kurnool in O.P.No.18 of 1996. 2. The injured-claimant preferred claim under Section 166 of the Motor Vehicles Act before the Motor Accidents Claims Tribunal- cum-IV Additional District Judge, Kurnool seeking compensation of Rs.1,00,000/- in respect of the injuries sustained by him in a motor vehicle accident which occurred on 18.08.1995 due to the rash and negligent driving of the vehicle bearing No. AP-13-5563 when it dashed the scooter on which the claimant was proceeding. 3. The learned Tribunal after hearing both sides has awarded compensation of Rs.62,000/- directing the respondents i.e. the owner and the insurance company jointly and severally to pay the same. The present appeal is filed by the injured-claimant seeking enhancement of compensation. 4. I have heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the second respondent- insurance company. 5. Since the appeal is filed questioning the adequacy and reasonableness of the compensation, the findings relating to other aspects which have become final need not be gone into this appeal. 6. The appellant is a medical representative said to be earning Rs.4,000/- per month, aged 27 years on the date of the accident. As could be seen from the evidence of PW-2, the doctor, the appellant was admitted in Government General Hospital, Kurnool with a compound fracture of both bones of right leg on 18.08.1995 and was discharged on 02.12.1995. The appellant received the said fracture in the accident occurred on 18.08.1995 and altogether four operations were performed on the claimant for removing nail and also for removing of dead bones in his right leg and subsequently PW-2 examined him and found depressed scar about 2” on the upper part of the right leg and also another scar about 4” in the middle third of the right leg and that the right knee joint flexion movement is limited about 20 degrees, tenderness present in the middle portion of the right leg, stiffness is present at the right ankle and by measuring right leg of claimant, he found shortening of one inch. According to PW-2, the appellant requires another operation for removal of small dead bones. It is also his evidence that the appellant is slightly limping at the time of walking and he feels difficulty at the time of squatting on the floor. According to PW-2, the appellant cannot walk long distance and swelling may develop in the right ankle. Due to the fracture sustained by claimant to the right leg, there is disfiguration in the right leg. PW-2, the doctor estimated the disability at 20% which was partial and permanent. 7. Though according to the claimant, he resigned the job of medical representative, no material is produced before the Tribunal to that effect. The Tribunal granted the amounts of Rs.10,000/- towards pain and suffering, Rs.15,000/- towards medical expenses, Rs.7,000/- towards past earnings, and Rs.30,000/- towards future earnings, in all Rs.62,000/- as compensation. In my considered view, the Tribunal instead of granting Rs.30,000/- towards future earnings, it could have been just and reasonable to grant an amount of Rs.50,000/- towards permanent disability and loss of earnings. The amounts granted by the learned Tribunal under the remaining heads are just and reasonable and based on material placed before the Tribunal which needs no interference. The appellant is, therefore, entitled for total compensation of Rs.82,000/- and the enhancement would be Rs.20,000/-. The enhanced amount of compensation shall carry interest @ 6% per annum from the date of petition till realization. With the above enhancement in the compensation, the appeal is partly allowed. There shall be no order as to costs. _______________ R. KANTHA RAO, J Date:23.04.2010 CCM THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No.1287 of 2002 Date:23.04.2010