THE HON’BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.885 of 2006 JUDGMENT: Not being satisfied with the quantum of compensation awarded in M.V.O.P.No.741 of 2003 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Kurnool (for brevity ‘the Tribunal), by the order, dated 17.10.2005, the claimant-injured filed the present appeal. By the impugned order, the Tribunal awarded Rs.56,908/- as compensation for the injuries suffered by the claimant in a motor vehicle accident. The appellant-claimant filed the claim petition alleging that on 23.08.2001, he was on duty as Conductor for the bus bearing No.AP 11 Z 593 and at about 1.30 am., when the bus reached the outskirts of Hyderabad, near N.G.Ranga Agricultural University, the rear tyre of the bus got punctured and that, on the request of the driver of the bus, he got down to assist him in changing the punctured tyre and while he was keeping a stone under the tyre, the driver had driven the bus suddenly without giving any signal or intimation to him, as a result he sustained crush injury on his right foot. Thus, contending that he got 30% disability, he claimed compensation of Rs.2,50,000/-. Learned counsel for the appellant-injured contended that the compensation awarded by the Tribunal is very meager and the same requires to be enhanced by this Court. On the other hand, learned Standing Counsel for the respondent contended that the Tribunal rightly awarded the compensation having regard to the nature of the injuries sustained by the appellant and the same is liable to be confirmed by this Court. Apropos the rival contentions of the learned counsel appearing on either side, the point to be determined in this appeal is whether the compensation awarded by the Tribunal is just and reasonable and if not, whether the same is liable to be enhanced. On behalf of the claimant, P.Ws.1 to 3 were examined and Exs.A-1 to A-9 were filed. Ex.A-3-discharge ticket, A-4- discharge summary certificate and Ex.A-6-disability certificate shows the injuries sustained by the claimant as a result of the said accident. Further, Ex.A-6-Disability Certificate clearly discloses that the claimant sustained 30% disability. Also, there is the evidence of P.W-2-Assistant Professor of Orthopedics, Government General Hospital, Kurnool, on record, wherein P.W-2 deposed that on 31.08.2001 the claimant was admitted in the hospital on being referred by Osmania General Hospital, Hyderabad. He deposed about the injuries sustained by the claimant, he being treated in New Traumotology ward and skin grafting being done on him. Thus, the said oral and documentary evidence on record i.e., Exs.A-2 to A-6 and Ex.X- 1 coupled with the evidence of P.W-2, clearly shows that the claimant suffered 30% disability. Admittedly, the claimant was working as Conductor in A.P. State Road Transport Corporation. In order to show his earnings, Ex.A-9-Pay slip for the month of March 2004 was filed, which shows that his monthly salary is Rs.8,000/-, which computes to Rs.96,000/- per annum. If 30% of the said amount is taken, it works out to Rs.28,800/- and having regard to the age of the claimant injured, the appropriate multiplier is ‘13’. Calculating thus, the claimant is entitled to Rs.3,74,400/- towards compensation for the permanent disability sustained by him. However, as the claimant filed the claim petition claiming compensation of Rs.2,50,000/-, the same is restricted to Rs.2,50,000/-. In the result, the appeal is allowed and the impugned order of the Tribunal is modified, enhancing the compensation from Rs.56,908/- to Rs.2,50,000/-. The compensation enhanced by this Court shall carry interest at the rate of 6 % per annum from the date of filing of the claim petition till the date of realization However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 17th March 2011 DR