IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL NO : 455 of 2004 (Appeal under Section ____ against the order/decree in OP no. : 2058 of 2000 dated 08/08/2003 on the file of the court of theChief Judge, CCC, Hyderabad) Between: Quateza Imani D/o Amarbin Zubair Imani R/o 18-11-170, Barkas, Hyderabad. ..... APPELLANT AND 1 Surender Joshi S/o C.P.Joshi R/o H.No.2-4-289, Ramgopalpet, Secunderabad. 2 The National Insurnace co. ltd. Senior Divisional Manager Rezency Buildings Opp: Amrutha Hills, Somajiguda, Hyderabad. .....RESPONDENT(S) Counsel for the Appellant: MR.CHANDRASEKHAR REDDY GOPIREDDY Counsel for the Respondent No.: MR.KOTA SUBBA RAO The Court delivered the following JUDGEMENT: ...........REGISTRAR PSR, J. C.M.A.No. 455 of 2004 Judgment: This is a claimant’s appeal filed against the order and decree passed by the learned Chief Judge, City Civil Court, Hyderabad in O.P.No. 2058 of 2000, which was disposed of along with other claim petitions. 2. The facts are as follows: On 9.3.2000 at about 11.45 PM, the accident took place, on account of the tourist bus bearing No. KA-01A-5995 hitting Maruthi Van AP-11U-3922 in which the petitioner and others were traveling. The petitioner sustained fracture of right and left femur and injuries on nose and right eye. She was a girl aged seven years. She claimed compensation of Rs.1.50 Lakhs. In the entire order of the trial court, the portion pertaining to the petitioner’s case is as follows: “Qataeeja Imani is the petitioner and she is the daughter of PW-3. According to PW-3 she sustained fracture of right femur, left femur and injuries on nose and right eye. She is aged 7 years. PW-6, Dr. Y. Surender Rao deposed that he examined the girl and found two fractures i.e., shaft femur of left upper 1/3rd and shaft femur of right middle 1/3rd and an operation was conducted on one side and the other side fractures were treated conservatively and the patient is having shortening of her limb. Hence, he has assessed 20% disability and he has stated that there is a possible of growth of leg in future and the patient suffered severe injuries. Considering all the same, I am of the opinion that this is a fit case to Award Rs.40,000-00 and accordingly awarded under all the heads”. It is not all mentioned as to under what heads, the amounts were granted. 3. There is no dispute that the petitioner suffered fracture of right and left femur and injuries on nose and right eye. The Medical Officer, who was examined as PW-6 deposed that the petitioner suffered fracture of shaft of femur of left upper 1/3 and shaft of femur of right middle 1/3rd and she underwent surgery on one side; the other side fractures were treated conservatively and patient suffered shortening of leg. The doctor assessed the disability at 20% and stated that there is possibility of growth of the leg. 4. Thus it is a case where an young girl suffered two fractures and underwent surgery. She also suffered several other injuries and there was shortening of the leg, which perhaps, would remain as permanent disability, though as per PW-6, there was possibility of growth, but there is no positive opinion that there would be definite growth of the leg. In case there is shortening of the leg, that would be a permanent disability and the petitioner would be deprived of several opportunities and amenities in life. There is possibility of her marriages prospects being effected and she suffered pain at the time of accident and also during the surgery; apart from that she also must have suffered pain at the time of surgery conducted for removal of the rod. Apart from that she also suffered several simple injuries. Considering all the circumstances, the petitioner can be awarded compensation as follows: a) For suffering two fractures, the the consequent disability and loss of amenities in life Rs.40,000-00 b) Pain and suffering Rs.10,000-00 c) Towards extra nourishment etc. Rs.10,000- 00 Total Rs.60,000-00 5. In the result, the appeal is allowed awarding compensation of Rs.60,000-00. The petitioner is also entitled for interest @ 7.5 % per annum on the enhanced amount of compensation with proportionate costs on the enhanced compensation. _______________________ P. SWAROOP REDDY, J. June 23, 2010. *BVS