IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE NOUSHAD ALI CIVIL MISCELLANEOUS APPEAL No.706 of 2003 Between: V. Abisheke @ Chintu ..... APPELLANT AND Smt.T. Sujatha and another ..... RESPONDENTS JUDGMENT: This is an appeal filed by the Claimant (minor) seeking enhancement of compensation pursuant to the award in O.P.No.349 of 1998, dated 01-06-2000 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Warangal for the grievous injuries sustained by him. 2. The brief facts are that on 26-12-1997 while crossing the road at Hasanparthy, a jeep bearing registration No.AP-36-T-6885 driven in rash and negligent manner hit the claimant and caused grievous injuries. He was shifted to M.G.M. Hospital, Warangal, for first aid and later shifted to Jaya Hospital. As he required treatment in a specialty hospital he was treated in the Apollo Hospital at Hyderabad. 3. The claimant filed O.P. and sought for a compensation of Rs.4,00,000/-. The respondents denied the allegations and disputed the claim. The Tribunal formulated necessary issues and based on the oral and documentary evidence held that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. 4. As regards the compensation the Tribunal considered the evidence of Dr.P. Narsimhulu, who is an Assistant Neuro Surgeon, M.G.M. Hospital, Warangal and holding that the claimant sustained grievous head injury awarded a sum of Rs.1,00,000/- towards permanent disability. In addition an amount of Rs.15,000/- is awarded towards medicines and extra nourishment, Rs.2,000/- towards transport charges, Rs.10,000/- towards attendant expenditure and Rs.25,000/- for pain and suffering, in all Rs.2,13,000/-. Not satisfied with the quantum of compensation thus awarded the claimant has filed this appeal. 5. Heard learned counsel appearing for both the parties. 6. Since this appeal is filed by the claimant for enhancement of compensation the issue relating to the rash and negligence need not be gone into. 7. The learned counsel appearing for the appellant would contend that the claimant sustained grievous head injury, which resulted in permanent disability. It is submitted that on account of the injury caused to the head, the claimant who is of tender age has become a dependent on his parents through out life. It is further submitted that the child is afflicted with fits ever since the accident and requires treatment through out life. The father of the child is a Typist with a meager income of Rs.2,500/- per month and ill-afford to meet the medical expenses for the child. The learned counsel would therefore, submit that the compensation awarded is not adequate and the same is liable to be enhanced. 8. On the other hand, learned counsel appearing for the second respondent – Insurance Company would submit that the Tribunal has elaborately considered the medical evidence and the future requirements of the child and awarded the amount which is just and proper and the same is not liable to be interfered. 9. There is no dispute that there was an accident in which the claimant suffered grievous injuries. It is also not in dispute that he was first treated in M.G.M. Hospital and Jaya Hospital, Warangal and later received treatment in Apollo Hospital, Hyderabad. 10. PW-2 who is an Assistant Neuro Surgeon working at M.G.M. Hopsital, Warangal, in his evidence stated that when he examined the child on 27-12-1997, he found him un-conscious. There was a contusion on the right temporal region. The child regained conscious on 25-01-1998. The child was un-conscious for nearly one month and during the said period he was continuously under the treatment. Even after he regained consciousness the child was not able to speak nor able to express anything. He was still in semi-conscious state. The child was discharged on 18-02-1998. He had not fully recovered even by then and was not responding to the verbal gestures, nor able to speak or show any expression. He was on the liquid diet from 25-01-1998. Prior to that he was fed through tube. It may be mentioned that PW-2 was examined on 17- 01-2000 i.e., approximately about 2 years after the incident. He identified the child in the Court and affirmed that there was no speedy recovery even after lapse of 2 years and he further affirmed that the condition would be continuing for some more period. He also affirmed that the child sustained head injury, which damaged his brain affecting his mental faculties. It is stated that the child required medicines daily for a further period of five years to control fits and there was no guarantee for his total recovery in future, which depends on many other factors. He affirmed that the child requires medicines through out life. The evidence of PW-2 is un-impeachable. 11. The medical evidence, which is un-impeachable, unambiguously demonstrates that the child suffered permanent total disability. The medical evidence is categorical that the mental faculties of the child are damaged and that he requires medical care through out life. As rightly contended by the learned counsel appearing for the appellant – claimant that the child has to remain a parasite on the parents for life. It is true that the Tribunal also considered the gravity of the impact but awarded a sum of Rs.1,00,000/- only towards permanent disability. In my considered opinion the said amount does not represent adequate and just compensation. Having regard to the fact that the child is mentally crippled and disabled him to lead a normal life and make him to lead a vegetative life and also having regard to the fact that the father of the child is an ordinary Typist with meager income, I am of the view that the compensation towards permanent disability should be enhanced by Rs.50,000/- more. 12. The Claimant claimed Rs.25,000/- towards medical expenses. The Tribunal having considered the claim, awarded Rs.15,000/- both towards expenditure of medicines and extra nourishment. It may be mentioned that the medical bills as presented by the Claimants itself was Rs.10,625/- (say Rs.11,000/-) which the Tribunal unhesitatingly accepted. It would only mean that Rs.4,000/- alone was awarded towards extra nourishment. It may have to be mentioned that admittedly, the child was in the hospital for over two (2) months – one month in an un-conscious state and that he was still not in a good condition even after two years when PW-2 gave his evidence. I am of the opinion that an amount of Rs.15,000/- is to be awarded as against Rs.4,000/- awarded towards extra nourishment. 13. Admittedly, the child was in the hospital for a long time at Warangal, and taking the same into consideration the Tribunal awarded Rs.3,000/- towards transport expenses. However, the child was later shifted to Hyderabad along with attendant. It is reasonable to infer that there was more expenditure towards transport. Having regard to the same, Rs.2,000/- more is liable to be granted in addition of Rs.3,000/- towards transport expenditure awarded by the Tribunal. 14. The Tribunal rightly awarded an amount towards attendant expenses, future medical requirements and pain and suffering. Therefore, having regard to the above, the claimant is entitled for an enhancement of Rs.63,000/- (Rupees sixty three thousand only) (50,000 + 11,000 + 2,000) in this appeal. The said amount shall carrying interest at 6% per annum from the date of petition till the date of realization. 15. Accordingly, the Civil Miscellaneous Appeal is allowed modifying the award in O.P.No.349 of 1998, dated 01-06-2000 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Warangal, to the extent indicated above. There shall be no order as to costs. _________________ NOUSHAD ALI, J August 06, 2010. Pn THE HON'BLE SRI JUSTICE NOUSHAD ALI CIVIL MISCELLANEOUS APPEAL No.706 of 2003 August 06, 2010