THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.371 of 2002 JUDGMENT: This Civil Miscellaneous Appeal is filed against the Judgment and Decree in O.P.No.1342 of 1999 dated 26-09-2001, passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad. 2. Heard. 3. The brief facts are as follows: On 26-03-1999 at about 1.00 P.M. the petitioner was proceeding on his scooter bearing No.AP-25-D-2823 from Secunderabad to Hyderabad via Tank bund, at that time one jeep bearing No.AP-12-T-9517 came in the opposite direction in a rash and negligent manner in high speed and dashed the petitioner’s scooter near Vivekananda Statue Children’s Park on Tank bund. As a result, the petitioner fell down and sustained fracture to his right arm and injuries all over the body. He underwent treatment at Gandhi Hospital, where he was inpatient for three days and took treatment outside also. On account of the injuries he could not attend the work for nine months and also spent substantial money for his treatment. Therefore, he filed the present O.P. claiming compensation of Rs.1,00,000/-. 4. Respondent No.1 remained exparte. Respondent No.2 filed counter denying the case of the claimant 5. On the basis of the pleadings of both the parties, the following issues were framed by the Tribunal for trial: 1) “Whether the accident is due to the rash and negligent driving of the jeep bearing No.AP-12-T-9517? 2) To what compensation, if any, the petitioner is entitled? Against whom? 3) To what relief”? 6. To substantiate his case, the claimant got examined himself as P.W.1 and got marked Exs.A1 to A8. On behalf of respondents no evidence was adduced and no documents were marked. 7. On the basis of the material available on record, the Tribunal granted a total compensation of Rs.31,000/-. Aggrieved by the same, the claimant filed the present appeal. 8. It is the contention of the learned counsel for the appellant- claimant that the claimant was doing gold smith, that due to the accident he suffered injuries to his right hand; and that due to the injury to his right hand, he was not allowed work for nine months. He lost his income of Rs.27,000/- during that period, as he was earning Rs.3000/- per month at that time. He suffered permanent disability on account of facture to his right hand, as such the compensation awarded by the Tribunal is very low. 9. Now the point that arises for consideration is whether there are any grounds for allowing the appeal and whether the claimant is entitled to get more compensation? 10. There is no serious dispute that the petitioner suffered injuries to his right hand and he underwent treatment in Gandhi Hospital and later he took treatment in a private hospital. As seen from Ex.A3, the medical certificate issued by Gandhi Hospital, it is evident that the claimant was inpatient in Gandhi Hospital for twelve days. He suffered injury to his right hand on account of which, if not for nine months, at least for a substantial period he could not attend his business and also spent substantial amount towards his treatment. He also suffered pain not only during the treatment period but even at the time of removal of the rod inserted for his injury. Hence, a sum of Rs.15,000/- can be awarded towards pain and suffering and Rs.15,000/- towards extra- nourishment, attendant and transportation and also can be granted another sum of Rs.20,000/- towards loss of income during the period of treatment and as well as the financial loss on account of accident. 11 Accordingly, the Civil Miscellaneous Appeal is allowed in part enhancing the total amount of compensation from Rs.31,000/- to Rs.50,000/-. However, claimant is entitled to interest only at 7.5% per annum on the enhanced compensation from the date of petition. There shall be no order as to costs. _________________________ P. SWAROOP REDDY, J. JUNE 29, 2010 YVL THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.3353 of 2003 June 21, 2010