THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1663 OF 2003 DATED 12-8-2010 BETWEEN: Chappali Gangoji Appellant.. Vs. S. Abdul Rasheed & Others Respondents.. HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1663 of 2003 JUDGMENT: The claimant filed this appeal under Section 173 of the Motor Vehicles Act, dissatisfied with the compensation awarded by the Tribunal in MVOP No.550 of 1999 in its order dated 8-5-2001, for the injuries sustained by her in the motor vehicle accident that occurred on 6-12-1998. 2. The facts in brief are that on 6-12-1998 at about 11.30 am when the claimant-appellant herein and others were travelling in the bus belonging to 3rd respondent-APSRTC bearing registration no.AP 9Z 9340 from Vempalli to Chelikempalli situate on Vempalli Rayachoty main and when the bus reached near the cross road of Chilekampalli, the driver of the bus driven the bus at a high speed and in a rash and negligent manner. That at that time, the lorry of the 1st respondent driven by its driver in a high speed also in a rash and negligent manner came in the opposite direction and at the place of the accident, both the vehicles dashed against each other as a result of which the accident occurred and the claimant sustained injuries and was joined in Government Hospital, Vampalli, and the claimant was there for 15 days as in- patient. That the claimant was earning Rs.50/- per day by doing agricultural coolly work and due to the accident, the claimant is unable to attend to any coolly work and thereby she sustained loss of income. The claimant was aged 29 years. That as the accident occurred due to the negligent driving of the drivers of both the accident vehicles i.e. APSRTC bus and the accident lorry, the claimant sought compensation of Rs.50,000/- for the injuries sustained by her from the respondents 1 to 3 jointly and severally. 3. The Tribunal after framing necessary issues and considering the evidence of the claimant herself examined as PW1 and PW2 doctor and Exs.A-1 to A-4, held that the accident occurred on account of the composite negligence of the drivers of both the vehicles and the negligence on the part of both the drivers of the accident vehicles was fixed at 50 : 50 each, and the claimant sustained injuries in the said accident, which in the facts and circumstances of the case does not warrant any interference by this Court. The Tribunal awarded an amount of Rs.5,000/- with interest at 12% per annum as against the claim of Rs.50,000/-. 4. Heard learned counsel appearing on both sides and perused the record. 5. Learned counsel for the appellant-claimant contended that the Court below erred in granting meager compensation for the grievous and permanent partial disability suffered by the claimant. On the other hand, learned counsel for the respondent supported the impugned order. 6. It has come in evidence of the claimant examined as PW-1 that she was working as an agricultural coolly and earning Rs.50/- per day. The doctor examined as PW-2 found that the claimant has suffered depressed fracture on the right fore head and the injury resulted in 10% partial permanent disability. Ex.A-4 is the disability certificate issued by PW-2. That due to the accident, she sustained depressed fracture on the right fore head and the injury resulted in 10% partial permanent disability. Nothing contrary is elicited in his cross examination to discredit evidences of PWs.1 and 2. However, having regard to the fact that the claimant was aged 29 years, hale and healthy, an amount of Rs.1,500/- can be fixed as her monthly income. It has come in evidence that the claimant sustained disability of 10%. The appropriate multiplier in this case is ‘18’. Hence the loss of earning capacity can be fixed at (Rs.1,500 x 12 x 18 (10%)) Rs.32,400/-. Added to this amount, the claimant is also entitled to a sum of Rs.10,000/- spent towards medical expenses as she stated that she was there in the Government Hospital, Cuddapah, and incurred expenses for medicines, and an amount of Rs.5,000/- towards pain and suffering as it is an injuries case, totalling to Rs.47,400/-. However, the rate of interest granted by the Tribunal at 12% per annum is reduced to 9% per annum. Since both the drivers of the accident vehicles are equally at fault, the amount now awarded with interest on it is payable at 50% each i.e. respondents 1 and 2, jointly and severally, half of the amount and respondent-APSRTC the remaining half to the claimant. 7. In the result, the appeal is partly allowed and impugned award of the Tribunal is modified to the extent indicated above. No costs. __________________ GHULAM MOHAMMED, J. Dated: 12-8-2010 Nrg. HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1663 of 2003 12-8-2010