HONOURABLE SRI JUSTICE K.S.APPA RAO C.M.A. No.3795 of 2003 Dated 07-04-2011 Between: National Insurance Co., Ltd., represented by its Branch Manager, Branch Office, Ambedkar Chowk, District Adilabad. …Appellant. And: Enaganti Poshamallu and another. ..Respondents. HONOURABLE SRI JUSTICE K.S.APPA RAO C.M.A. No.3795 of 2003 JUGMENT: Aggrieved by the decree and judgment dated 25-8-2003 passed in O.P.No.217 of 2002 on the file of the Motor Accidents Claims Tribunal-Cum-District Judge, Adilabad, the present C.M.A. is filed. Appellant herein is the 2nd respondent in the M.V.O.P.No.217 of 2002. The petitioner-injured filed the M.V.O.P.No.217 of 2002 claiming compensation at the rate of Rs.4,00,000/- for the injuries sustained by him in a road traffic accident on 9.3.2000. In order to prove the injuries on the petitioner-injured, he while himself examined as P.W.1, examined P.W.2 and marked Exs.A.1 to A.9. The Tribunal while evaluating the oral and documentary evidence, granted compensation of Rs.2,50,000/- with interest at 9% p.a., from the date of the petition. Aggrieved by the same, the present C.M.A. is filed. The learned Standing Counsel appearing for the appellant- Insurance Company vehemently urged that the rate of interest granted by the tribunal is excessive and that granting of Rs.20,000/- towards treatment Rs.13,500/- towards loss of income of eight months without any supporting documents and that the finding of the tribunal granting Rs.25,000/- towards amenities of life when a sum of Rs.25,000/- is granted towards pain and suffering is erroneous. Now the point for consideration is: Whether the findings of the Tribunal are sustainable? POINT: The factum of accident was not disputed. Though the petitioner- injured filed Disabled Certificate to show his 45% disability, the Tribunal, while assessing the evidence of the doctor P.W.2, fixed partial disability at 30%. The Tribunal also had fixed the income at Rs.2,500/- per month or Rs.30,000/- per annum. The observation of the Tribunal while assessing the said disability and the injury in my view is just and reasonable. Therefore, for the purpose of calculation of loss of future earnings, multiplier is to be adopted. The Tribunal adopted multiplier 16 by placing reliance on II Schedule of the Motor Vehicles Act for the persons aged from 35 to 40 years. The petitioner falls under the aforesaid category. Therefore, future loss of earnings of on account of 30% disability comes to Rs.30,000/- x 16 x 30/100 = Rs.1,44,000/-. It is an admitted fact that the petitioner-injured sustained fracture of both bones as noted in Ex.A.2 injury certificate besides two abrasions and he took treatment in Government Hospital, Nizamabad and thereafter at Gandhi Hospital. As seen from Ex.A.6 Medical Bills, the petitioner-injured purchased medicines. The Tribunal granted an amount of Rs.20,000/- towards the medical bills. A perusal of Ex.A.6 Medical Bills, the same is not evidenced. However, while taking into consideration the gravity of the injuries and also the expenditure towards X Ray etc., an amount of Rs.10,000/- towards medicines against an amount of Rs.20,000/- is just and reasonable. Accordingly, an amount of Rs.10,000/- is granted reducing the earlier amount of compensation of Rs.10,000/- as granted by the lower Tribunal towards medicines and treatment. Apart from the aforesaid award, a further amount of Rs.25,000/- is granted by the Tribunal towards pain and suffering as the petitioner-injured received fracture in both the bones and is dependent on the clutches and same is just and reasonable. Admittedly, as per Ex.A.2 Injury certificate, the petitioner-injured sustained two abrasions and therefore, granted an amount of Rs.5,000/- to the aforesaid two injuries is just and reasonable. The Tribunal awarded interest at 9% p.a., from the date of the petition but the same is reduced to 6% p.a., from the date of the petition while placing reliance SARLA VERMA (SMT) AND OTHERS Vs. DELHI TRANSPORT CORPORATION AND ANOTHER ([1]). With the above modification, C.M.A. is allowed in part granting a total compensation at Rs.1,84,000/-with interest at 6% p.a., from the date of the petition till the date of realization. No costs. ______________________ Justice K.S.APPA RAO Dated 07-04-2011. Dvs HONOURABLE SRI JUSTICE K.S.APPA RAO C.M.A. No.3795 of 2003 Dated 07-04-2011 [1] (2009) 6 SCC 121