THE HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A No. 397 of 2008 Date: 28th March, 2011 Between: Katti Sekhar … Appellant A n d M/s Srinivasa Edifice (P) Limited and another … Respondents THE HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A No. 397 of 2008 JUDGMENT: Being aggrieved by the order and decree dated 24.10.2007 passed in M.V.O.P No.673 of 2005 on the file of Motor Accidents Claims Tribunal, Guntur, the present CMA is filed by the appellant/petitioner. The appellant filed the said M.V.O.P claiming compensation of Rs.1,60,000 for the injuries sustained by him in road accident. The Tribunal, by evaluating evidence of P.Ws.1 and 2, granted compensation of Rs.86,000/-. The cause of action was not disputed. 2. The counsel appearing for the appellant mainly argued that the Tribunal, without applying the multiplier for the permanent disability suffered by the appellant, granted an amount of Rs.30,000/- which is erroneous. 3. Now the point for consideration is, whether the appellant is entitled for enhancement of compensation. 4. In proof of injuries sustained by the appellant he got himself examined as P.W.1 and produced Ex.A-1-certified copy of FIR, Ex.A-2-certified copy of Charge sheet and, Ex.A-3-certified copy of Wound Certificate which reads about the injuries sustained by P.W.1. The evidence of P.W.2 is of paramount significance while granting the compensation in the facts and circumstances of the case on hand. As per P.W.2, the appellant herein has got type two compound fracture of right olecranon process of right elbow, fracture shaft right humerus with doubtful vascularity, and advised for higher centre for treatment. The appellant was discharged on 13.05.2005 at his request. There is healed surgical scar on outer aspect of right upper arm indicating earlier surgery. There is extensive scarring on the back of right elbow, deformity of right elbow, elbow joint is fixed in 90 degrees of flextion without any further movements. In view of the above, the disability is 35% which is permanent and partial in nature. There is no chance of development even after further surgery. The right hand cannot reach to the mouth. The appellant cannot attend to electrician work with his right hand. 4. Admittedly, the appellant is aged about 25 years and is a welder. The injuries sustained by P.W.1 are to the right hand. In view of the positive finding of the Doctor that the deformity of the right elbow joint is fixed at 90 degrees of flextion without any further movements and there is no chance of development even after further surgery and that his right hand cannot reach his mouth and the appellant cannot attend to electrical work with his right hand, any amount of compensation will not compensate the disability sustained by the appellant. Certainly, without any slightest doubt, the said injury will cause hindrance to the injured in his day-to-day life in particular as he being a welder. With this disability he is deprived of his income. Therefore, the grant of Rs.30,000/- as compensation towards the said permanent disability by the Tribunal in any view of the matter is very meager. Hence, an amount of Rs.50,000/- is granted towards the said permanent disability having regard to the facts and circumstances of the case on hand. With this modification, the CMA is partly allowed. The other grants of the Tribunal hold good. 5. In the result, the CMA is partly allowed. ______________________ JUSTICE K.S. APPA RAO 28th March, 2011 KSM