HON’BLE SRI JUSTICE B.N. RAO NALLA M.A.C.M.A.No.518 of 2005 JUDGMENT: The petitioner in O.P. No. 104 of 2004 assailing the impugned order dated 22.12.2004 on the file of the Motor Accidents Claims Tribunal-cum- III Additional District Judge, (FTC) Asifabad, Adilabad, filed this appeal seeking enhancement since he was awarded only Rs.23,500/-with interest at 9% per annum though he claimed a total compensation of Rs.1,00,000/- for the injuries sustained by him in a motor vehicle accident. 2. The facts, in brief, are that on 24.11.2002 at about 8.00 p.m, the petitioner was travelling by autorikshaw bearing No.A.P.IU-4411 from Asifabad to go to Kagaznagar ; that when the autorikshaw was between the forest check post and Buduguda B.T.Road, a Tipper bearing No.MH-34-A- 1682 came from behind at high speed driven in rash and negligent manner by its driver and hit the autorikshaw, as a result, the petitioner suffered multiple injuries including grievous injury to his right upper limb, fracture of right humorous. He was treated for the said injuries at the hospital of Dr. Prabhakar at Mamcherial and he was bed ridden for six months. Kagaznagar P.S. Rural registered a case in Crime No.34 of 2002 against the Tipper driver under Section 338 IPC. The petitioner filed O.P.No.104 of 2004 claiming total compensation of Rs.1,00,000/- for the injuries suffered by him in the said motor vehicle accident. 3. The first respondent and the third respondent remained exparte. The second respondent filed counter denying the claim petition averments including the age, earnings, avocation and health condition of the petitioner and stated that the petitioner did not furnish the details of the insurance policy of the lorry. It is alleged that the accident had occurred due to rash and negligent driving on the part of autorikshaw by its driver and not due to the fault on the part of the tipper driver. Therefore, it is not liable to pay any compensation to the petitioner. 4. The fourth respondent filed counter stating that the auto was hit by the lorry as a result of rash and negligent driving, and denied that the auto was insured and that even if it is insured there was violation of policy conditions. 5. Basing on the pleadings of the O.P., the lower Tribunal framed the relevant issues for trial as to the rash and negligent driving on the part of the tipper driver, entitlement of the petitioner to claim compensation and liability of the respondents to pay the same. 6. The claim petitioner got himself examined as PW.1 and got marked Exs.A.1 to A.18. However, no witnesses were examined and no documents were marked on behalf of the respondents. 7. The lower Tribunal, taking into consideration the evidence of PW.1 and considering Ex.A.1- copy of F.I.R. in Crime No.34 of 2002 and also Ex.A.2-copy of charge sheet, answered the issues as to the rash and negligent driving on the part of the tipper driver positively. The Tribunal also considering the evidence of PW.1 coupled with Exs.A.3- copy of wound certificate, A.4-copy of discharge card held that the appellant-petitioner was entitled to claim compensation, and having regard to the fact that as per Exs.A.14, the policy of insurance was in force by the date of the accident, fastened the liability on respondent No.2-insurance company. Thus, the Tribunal has awarded an amount of Rs.6,000/- towards loss of earnings, Rs.500/- towards transport charges, Rs.12,000/- towards medical expenses, Rs.1,500/- towards extra nourishment, Rs.500/- towards incidental charges and Rs.3,000/- towards pain and suffering , making a total compensation of Rs.23,500/- as has already been stated in para No.1 supra. 8. It is the case of the appellant-petitioner that the lower Tribunal erroneously failed to fasten joint and several liability on the first and second respondents though as per Ex.A.14, the insurance cover note, respondent No.1 is the owner of the accident tipper. 9. It is further his case that the Tribunal also erred in awarding Rs.6,000/- only towards loss of earnings for two months at the rate of Rs.3,000/- per month, though the petitioner was bed ridden for six months. It is his further case that the Tribunal erred in awarding only Rs.12,000/- towards medical expenses though medical bills for Rs.26,000/- were filed and they were not disputed by the respondents. It is further contended that though the petitioner claimed Rs.20,000/- towards pain and suffering, having suffered two grievous injuries, the Tribunal had awarded meagre amount of Rs.3,000/-. 10. On the contrary, it is contended on behalf of the second respondent- insurance company that though the petitioner claimed to have been bed ridden for six months due to the injuries suffered by him in the accident and also due to the effect of the treatment thereof, no medical certificate was filed in support thereof. Therefore, the lower Tribunal was right in awarding Rs.6,000/- towards loss of earnings for two months at the rate of Rs.3,000/- per month. It is further submitted that though the petitioner claimed to have spent Rs.26,000/-, the lower Tribunal was justified in awarding Rs.12,000/- towards medical expenses since the petitioner failed to examine the Doctor and also the owner of the medical store. So far as the other heads are concerned, it is submitted that the lower Tribunal having considered the facts and circumstances of the case, has rightly awarded the amounts thereunder which do not warrant any interference from this court. 11. So far as the liability is concerned, the lower Tribunal committed error in not fastening the joint and several liability on the first and second respondents though Ex.A.14- insurance cover note clearly discloses that respondent No.1 was the owner of the accident tipper by the date of the accident. Therefore, both the respondents have got to be fastened with joint and several liability to pay compensation to the appellant-petitioner. So far as the medical expenses are concerned, the fact that the petitioner had filed medical bills for Rs.26,000/- and they were not opposed by the other side and since they were marked by consent, now the respondents cannot question the same. Moreover, that being the case, it is not necessary that in order to prove the medical bills either the Doctor or the owner of the medical store need be examined. 12. It is to be found in the averments of the claim petition as well as in the evidence of PW.1 that he was bed ridden for six months after the accident and he was under treatment and as such he lost his earnings for the said period. It appears that the lower Tribunal has failed to consider the said fact and erred in awarding Rs.6,000/- towards loss of earnings for two months at the rate of Rs.3,000/-per month. Therefore, it has to be held that the appellant-petitioner is entitled to an amount of Rs.18,000/- towards loss of earnings for six months at the rate of Rs.3,000/- per month. So far as the medical expenses are concerned as already stated hereinabove, the appellant-petitioner is entitled to Rs.26,000/-. Now coming to the head of pain and suffering, it is evident from the averments of the petition that the petitioner claimed Rs.20,000/- under the said head. However, the lower Tribunal has only awarded an amount of Rs.3,000/-. It is to be seen from Ex.A.3-copy of wound certificate, the appellant-petitioner had suffered two injuries 1) fracture of right upper limb, 2) fracture of right humorous. Therefore, it is obvious that he was subjected to pain and suffering for a considerable time and that seems to be reason that he was bed ridden for about six months. As such, the amount of Rs.3,000/- awarded under the said head appears to be on the lower side. Therefore, an amount of Rs.20,000/- claimed by the petitioner appears to be reasonable because both the injuries are fracture injuries and both of them are caused to the right upper limb. Therefore, the same is conceded and an amount of Rs.20,000/- is awarded under the said head, while maintaining the other amounts i.e. Rs. 500/- towards transport, Rs.1,500/- towards extra nourishment and Rs.500/- towards incidental charges granted by the Tribunal. Thus, the appellant-petitioner is held to be entitled to a total compensation of Rs.66,500/-(Rupees sixty six thousand five hundred only). 13. In the result, the appeal is partly allowed. However, having regard to the decisions rendered by the Apex Court in the context of awarding interest in motor accident cases, the rate of interest is reduced to 7.5% per annum from 9% per annum so far as the enhanced amount of compensation is concerned. No order as to costs. _______________ B.N.RAO NALLA,J 11-11-2010 Stp