IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.106 of 2006 Between: Chunarkar Gopal ..... APPELLANT(S) AND Barish Chandra and another .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.106 of 2006 ORDER: The appellant herein filed claim petition in O.P.No.997 of 2002 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge-cum-Fast Track Court, Asifabad, seeking compensation of Rs.1,10,000/- under Sections 166(1)(A) and 163-A of the Motor Vehicles Act, 1988, and Rule 455 of the A.P. Motor Vehicles Rules, 1989, stating that on 20.07.2001 while he was on duty as cleaner in the lorry bearing registration No.MH-31/4267 which was proceeding from Wankidi and when the lorry reached near Ganeshpur Shivar at 5.30 p.m., the driver of the lorry drove it rashly and at high speed and consequently it fell into a culvert as a result he sustained serious injuries. The first respondent herein remained ex parte before the Tribunal. The second respondent who is the insurer of the vehicle resisted the petition by filing a counter denying all the allegations. The Tribunal framed the following issues for trial. (1) Whether the petitioner sustained injuries in motor accident dated 20.07.2001 involving vehicle No.MH-31-3267? (2) If so, whether the accident took place on account of rash and negligent driving of vehicle No.MH-31-4267 by R-1’s driver? (3) Whether the petitioner is entitled for compensation? If so, to what amount and from which of the respondent? (4) To what relief? On behalf of the appellant, the appellant himself was examined as P.W.1 and Exs.A.1 to A.4 were marked. On behalf of the respondents, though no oral evidence was adduced, the certificate of insurance was marked as Ex.B.1. Considering the material on record, the Tribunal, holding that the accident occurred due to the negligence in driving the offending lorry, awarded Rs.12,000/- with proportionate costs and interest at 7.5% per annum from the date of the petition till the date of realization as compensation to the appellant for the injuries sustained by him in the accident. Aggrieved by the same, the present appeal is by the claimant. The learned counsel for the appellant vehemently contended that the Tribunal has committed error in not awarding proper compensation. Per contra, the learned counsel appearing for the insurance company contended that the Tribunal has granted compensation more than what the appellant is entitled to and so there is no need to enhance the same. Now the point for consideration is whether the compensation awarded by the Tribunal is ‘Just’ and, if so, to what compensation the appellant is entitled? A perusal of the material available on record makes it clear that the Tribunal has awarded Rs.3,000/- towards loss of earnings; Rs.500/- towards transport expenses; Rs.500/- towards damage to clothing; Rs.3,000/- towards medical expenses and extra nourishment; and Rs.5,000/- towards pain and suffering; totaling to Rs.12,000/-. As seen from Ex.A.2 copy of the medical certificate the appellant received six injuries, out of which one is grievous and the others are non-grievous in nature. As per Second Schedule to the Motor Vehicles Act, a claimant is entitled to Rs.5,000/- for the grievous injuries and Rs.1,000/- for the non-grievous injuries towards pain and sufferings. But, as can be seen from the record, the Tribunal granted only Rs.5,000/- towards pain and sufferings. So, the appellant is entitled to Rs.10,000/- towards pain and sufferings i.e. Rs.5,000/- for the one grievous injury and Rs.1,000/- each for the five non-grievous injuries. The Tribunal also granted Rs.3,000/- towards medical expenses and extra nourishment. Though the appellant failed to produce evidence in respect of the medical expenses, it is evident that he was admitted in Government Hospital and he must have spent some considerable amount for healing those injuries. Since the appellant received six injuries out of which one is grievous injury, he can be awarded Rs.6,000/- under that head. There is no need to enhance the amounts granted under the other heads. So, the appellant is entitled to a compensation of Rs.3,000/- towards loss of earnings + Rs.500/- towards transport expenses + Rs.500/- towards damage to clothing + Rs.6,000/- towards medical expenses and extra nourishment + Rs.10,000/- towards pain and sufferings, totaling to Rs.20,000/-. Therefore, the appeal is allowed-in-part and the award of the Tribunal is modified and an award is passed for Rs.,20,000/- with proportionate costs before the Tribunal payable by the respondent Nos.1 and 2 jointly and severally with interest at 7.5% per annum from the date of the petition till the date of realization. The parties shall bear their own costs in this appeal. ___________________________ GHULAM MOHAMMED, J. 8th July 2010 CVRK