HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.1497 of 2001 DATED: 23.12.2009 BETWEEN: Dosapati Srinivasa Rao @ Srinu .. Appellant And K.Rajappa and another .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.1497 of 2001 JUDGMENT:- This appeal is filed by the injured claimant against the award, dated 15.03.2001 passed by the Motor Vehicles Accident Claims Tribunal-cum-II Additional District Judge, Guntur in M.V.O.P.no.130 of 1999. The appeal is filed questioning the award on the ground that the compensation granted by the Tribunal below is inadequate and is not in accordance with law. I have heard the learned counsel appearing for the appellant – injured claimant and the learned counsel appearing for the respondent No.2 – insurance company. The learned Tribunal basing on the evidence of PW.1 – injured claimant and PW.3, who is working as clerk in P. Somasundaram Tobacco Company, Guntur, rightly arrived at the conclusion that the appellant was working as driver in the said company and it is obvious from the letter, which is marked as Ex.P.8. Thus, there is no dispute regarding the fact that the appellant is a driver by profession and was working as such in the said tobacco company. Admittedly, in the accident, as per the evidence of PW.2 – doctor, who treated the appellant in the Government General Hospital, Guntur both his legs were amputated below the knee. Though, he mentioned in Ex.A.4 certificate that the disability is 50%, in fact, for the purpose of computing compensation, it has to be taken as 100%. The learned Tribunal considering the income of the injured at Rs.2100/- per month and his age as 25 years which is mentioned in the Ex.A.14 – case sheet arrived the total loss of earnings at Rs.4,53,600/- by adopting multiplier 18 as per Second Schedule to Section 163-A of the Motor Vehicles Act. However, the learned Tribunal committed error in considering the disability at 50% basing on the evidence of the doctor and arrived at loss of earnings at Rs.2,26,800/-. The Tribunal further added an amount of Rs.30,000/- towards mental agony, pain and suffering and an amount of Rs.8,000/- towards medical expenses and granted an amount of Rs.2,70,450/- as total compensation. This Court accedes the submission made by the learned counsel appearing for the appellant that the disability is total and an amount of Rs.2,26,800/- has to be added to the compensation awarded by the Tribunal. Thus, the total compensation payable to the injured-claimant comes to Rs.4,97,250/-. Since there are no cross objections by the insurance company, the other aspects cannot be interfered with in this appeal. In the result, the appeal is allowed in part granting total compensation of Rs.4,97,250/-. The enhancement would be Rs.2,26,800/-. The appellant is entitled for interest on the enhanced compensation of Rs.2,26,800/- at the rate of 6% per annum from the date of petition till the date of realization. __________________ R. KANTHA RAO,J Date:23.12.2009 kvrm