HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No. 714 of 2008 Date: 21-07-2011 Between: Mohd. Azhar Hussain ………. Appellant And Konijeti Rambabu and another ………. Respondents HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No. 714 of 2008 JUDGMENT: This appeal is filed against the order dated 24-10-2007 passed in O.P.No.1286 of 2002 on the file of the Motor Accident Claims Tribunal (II Additional District Judge (Fast Track Court)), Nizamabad. The appellant herein is the petitioner in the said O.P. The parties hereinafter will be referred to as they are arrayed before the Tribunal. 2. The brief facts of the case are that on 28-04-2002 at about 6-00 PM, while the petitioner was proceeding as a pillion rider on the motor cycle bearing No.AP 25F 1727, being driven by one K. Gangadhar, from Bodhan to Nizamabad and when the said motorcycle reached in front of CRPF camp at Sarangapoor, a lorry bearing No.AP9U 6579, driven by its driver in a rash and negligent manner in high speed, came from opposite direction and dashed the motorcycle on which the petitioner was travelling, and also another motorcycle, as a result of which the petitioner and other persons travelling on the motorcycles fell down and the front wheel of the offending vehicle ran over them. The petitioner sustained fracture of right foot, fracture of both bones of right leg, fracture of left leg, fracture of left foot, crush injury on small right toe and injuries to other parts of the body. Immediately, he was shifted to Government Hospital, Nizamabad, for treatment and thereafter he was shifted to Amrutha Laxmi Multi Speciality Hospital, Nizamabad, where his right leg was operated and rod was inserted. Therefore, the petitioner filed the O.P. claiming compensation of Rs.5,00,000/- for the injuries sustained by him. 3. During the course of trial, on behalf of the petitioner, the petitioner himself was examined as PW-1 besides examining the doctor as PW-2 and Exs.A-1 to A-8 were got marked. On behalf of the respondents, none were examined, however, Ex.B-1, copy of the insurance policy, was got marked. 4. The Tribunal, after evaluating the entire material available on record, came to the conclusion that the accident occurred due to rash and negligent driving of the driver of the offending vehicle and accordingly, allowed the O.P. in part awarding the total compensation of Rs.80,000/- with interest @ 7.5% per annum from the date of petition till the date of realisation, and made the respondents 1 and 2 therein, who are the owner and Insurance Company of the offending vehicle, jointly and severally liable to pay the compensation. Aggrieved thereby, the petitioners preferred the present appeal. 5. The learned counsel appearing for the appellant mainly urged that the Tribunal awarded meagre compensation of Rs.30,000/- for the injuries i.e., amputation of toes and other fractures, and Rs.5,000/- towards pain and suffering and the amounts awarded under other heads are also meagre, and therefore, the order of the Tribunal needs interference for enhancement of the compensation. 6. The learned counsel appearing for the respondents, while supporting the order of the Tribunal, sought for dismissal of the appeal. 7. Now the point for consideration is whether the petitioner is entitled for enhancement of the compensation awarded by the Tribunal? 8. The factum of the accident is not disputed. There is no dispute with regard to the insurance coverage of the offending vehicle as on the date of accident. In order to prove the injuries on him, the petitioner examined PW-2, who is a Consultant Orthopaedic Surgeon in Amrutha Laxmi Hospital, Nizamabad. According to PW-2, he examined the petitioner on 28-04-2002 and found the following injuries: 1. A lacerated wound over right foot measuring 10 x 8 cms extending from dorsum to plantum aspect and gross crush injury of 2nd and 3rd toe. 2. Fracture dislocation of right great toe. 3. Swelling and tenderness on right leg corresponding X-ray shows fracture of upper third of right tibia. 9. PW-2 is of the opinion that all the above three injures are grievous in nature. It is further evidenced that the petitioner was admitted as inpatient and his leg was operated twice for right foot injury and the second and third toes were amputated and he was discharged on 11-06-2002. In proof of the same, the petitioner filed Ex.A-4, medical certificate, Ex.A-5, discharge summary, and Ex.A-8, X-ray. While evaluating the said documentary evidence, the Tribunal awarded an amount of Rs.30,000/- towards compensation for the above grievous injuries which is very meagre in view of the amputation of second and third toes of the right foot. It is also borne out from the record that the petitioner was hospitalised for about two months for the surgery. 10. In view of the above circumstances, an amount of Rs.45,000/- is granted for the grievous injuries sustained by the petitioner, in particular amputation of toes, which is just and reasonable. Further the Tribunal awarded only Rs.5,000/- towards pain and suffering and the same is enhanced to Rs.10,000/- besides enhancing the amount of Rs.2,000/- to Rs.5,000/- towards extra nourishment. Further the Tribunal awarded the compensation of Rs.4,000/- towards loss of earnings and the same is enhanced to Rs.10,000/-. However, the amounts of Rs.16,600/- towards treatment expenditure, Rs.20,400/- towards costs of medicines, Rs.2,000/- towards transportation granted by the Tribunal, in my view, are quite just and reasonable and therefore, they are sustainable. Accordingly, in total, the petitioner is entitled to the compensation of Rs.1,09,000/- (Rs.45,000/- + Rs.10,000/- + Rs.5,000/- + Rs.10,000/- + Rs.16,600/- + Rs.20,400/- + Rs.2,000/-). 11. In the result, the M.A.C.M.A. is allowed in part enhancing the compensation of Rs.80,000/- awarded by the Tribunal to Rs.1,09,000/-. The enhanced amount shall carry interest @ 6% per annum from the date of petition till the date of realisation. No order as to costs. _______________ K.S. APPA RAO, J Date: 21-07-2011 YCR