HON’BLE SRI JUSTICE K.G.SHANKAR C.M.A.No.194 of 2010 Date: 17-10-2012 Between: Yapuri Satyanarayana Murthy, S/o. Venkata Swamy, R/o. Parlopet, Swarnandhra Colony, Kakinada, E.G. District. … Appellant/ Petitioner AND Pilla Appa Rao, S/o. Bhadram, R/o. Near Jyothi Convent, Yeleswaram, E.G. District, 2 others … Respondents/ Respondents HON’BLE SRI JUSTICE K.G.SHANKAR C.M.A.No.194 of 2010 JUDGMENT: A claim was made seeking compensation at Rs.3,00,000/-under Section 166 of the Motor Vehicles Act, 1988 together with Rules thereunder for the injury sustained by the claimant in a vehicular accident. Through award dated 03.08.2009, the Motor Accident Claims Tribunal granted compensation at Rs.30,000/- together with interest at 7.5%. Aggrieved by the same, the claimant preferred the appeal. 2. The claimant is said to be a resident of Kakinada and was indulging in transport business. The offending lorry owned by the second respondent and insured with the third respondent was allegedly driven in a rash and negligent manner by the first respondent on 07.07.2007. It dashed the motorcycle on which the claimant was proceeding. The claimant sustained serious injuries in the said accident. The claimant was initially taken to Safe Emergency Hospital, Bhanugudi, Kakinada. He was inpatient for a period of one month. He underwent surgeries. He claimed that he spent Rs.1,40,000/- towards medical expenses. The claimant suffered crush injury on the left hand and a fracture of the left scapula. The left index finger was amputated on account of the crush injury sustained by him. The claimant examined himself as PW.1 and examined the medical officer of Safe Emergency Hospital as PW.2. 3. The driver of the offending vehicle, the owner of the offending vehicle as well as the insurer who are respondents 1 to 3 before the Tribunal remained ex parte. Respondent No.3-insurer was put to notice in the appeal. Respondent No.3 did not enter appearance in the appeal as well. This appeal accordingly is disposed of after hearing the appellant only. 4. The Tribunal declined to award medical expenses covered by Ex.A.4 on the ground that Ex.A.4, medical bills have not been proved. As rightly submitted by Sri A.K. Kishore Reddy, learned counsel for the appellant-claimant. Ex.A.4 medical bills are in the name of the claimant himself. They relate to the period of accident. I, therefore, consider that the claimant as PW.1 proved Ex.A.4 medical bills. The claimant is entitled to compensation towards medical expenses covered by Ex.A.4 to a tune of Rs.1,02,499.75. This includes the medical expenses accepted by the Tribunal at Rs.9,774/- . In view of Ex.A.4, rounding of the medical bills, I deem it appropriate to award Rs.1,02,500/- towards medical expenses. 5. The claimant sustained fracture and amputation. As the claimant sustained only one fracture, I consider it appropriate to award Rs.15,000/- as compensation towards pain and sufferance for the fracture. The Tribunal awarded compensation at Rs.20,000/- towards crush injury and the fracture. The crush injury led to the amputation of the left index finger. Award of compensation at Rs.20,000/- granted by the Tribunal deserves to be accepted as compensation towards partial permanent disability for the amputation of the index finger of the left hand. The claimant is said to be 50 years old at the time of the accident. I deem it appropriate to award Rs.3,500/- as compensation towards extra nourishment taking into consideration the age and the nature of the injuries sustained by the claimant. Consequently, the claimant is entitled to compensation at a) Compensation towards Medical expenses .. Rs.1,02,500/- b) Compensation towards pain and sufferance .. 15,000/- c) Compensation towards partial permanent disability .. 20,000/- d) Compensation towards extra nourishment .. 3,500/- ----------------- Total .. Rs.1,41,000/- ============= The claimant, accordingly, is entitled to compensation of Rs.1,41,000/-. The interest as awarded by the Tribunal at 7.5% per annum deserves to be maintained. 6. Accordingly, this appeal is allowed. The claimant is awarded compensation at Rs.1,41,000/- together with interest at 7.5% per annum from the date of petition till deposit and costs pro-rata. Respondents 1 to 3 are jointly and severally liable to answer the claim. Respondents 1 to 3 shall deposit the awarded amount within one month from today. After such deposit, the appellant-claimant shall be entitled to withdraw the entire deposited amount in view of the quantum of medical expenses. _________________ K.G. SHANKAR, J Date: 17.10.2012 Isn