THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A. No.3607 of 2003 JUDGMENT: Challenging the order and decree dated 22-10-2002 passed by the Motor Accident Claims Tribunal-cum- District Judge, Hyderabad, the present Civil Miscellaneous Appeal is preferred by the claimants- appellants. Succinctly the facts of the case are as follows: On 24-06-1997, at about 06-00 p.m, while the deceased-Kummari Bhoomaiah was going by walk towards Bazar, in Navipet Village, APSRTC bus bearing No.AP 10/Z 1270 driven by its driver at high speed in a rash and negligent manner came behind and hit him, as a result of which he fell down and front wheel of the bus ran over the right leg of the deceased and that he was shifted to Government Hospital, Nizamabad where his right leg was amputated up to thigh and subsequently, during pendency of the claim petition, he died. On behalf of the claimants, PWs.1 to 3 were examined and Exs.A1 to A16 were marked apart from Exs.C1 to C4. No oral or documentary evidence was adduced on behalf of the respondents. Learned counsel appearing for the appellants contended that the compensation awarded by the Tribunal is not commensurate with the loss sustained by the claimants and that the Tribunal ought to have assessed the disability sustained by the deceased at 90%, besides granting compensation towards the huge expenditure incurred by the appellants. As seen from the record, initially, the injured filed the claim petition. Subsequently, appellant Nos.2 to 6 were added as legal representatives on the death of injured- deceased. The claim of the compensation by the deceased was Rs.3,50,000/- for the injuries sustained by him in the said accident. Wife and son of the deceased were examined as PWs.1 and 2 and the Doctor, who gave treatment to the deceased was also examined as PW3. It is not in dispute the manner in which the accident occurred and therefore, the finding of the Tribunal that the accident occurred due to rash and negligent driving of the driver of the offending vehicle holds good. Ex.A.6 is the copy of injury certificate, Exs.C1 to C3 are Case sheet and X-ray films. P.W.3 is the Orthopedic Surgeon, whose evidence is essential in the present case on hand. Ex.C4 is the disability certificate given by P.W.3. According to P.W.3, the deceased-Kummari Bhoomaiah, was admitted in the District Head Quarters Hospital, Nizamabad, with crush injury left leg irregular laceration of fore-arm from middle upto pulp skin and another laceration irregular from right knee to right ankle exposing bone and muscles and on 08-07-1997 the above knee amputation was done and thereafter SSG was done and the deceased was discharged on 20-10- 1997. Later, P.W.3 also issued disability certificate-Ex.A4, assessing the disability of the injured at 90%. As seen from the evidence, the injured was in the hospital for a period of four months. One can say without any slightest doubt and hesitation that the injuries sustained by the deceased are very grievous in nature and the suffering of the injured cannot be estimated in terms of money. The amputation of the leg of the injured at the age of 47 which speaks volumes the way in which his legal representatives left unattended financially. As already stated in the pre-paras that the injured died during pendency of the petition and his legal representatives came on record. Due to the amputation of the leg, the petitioner lost his earning capacity and, therefore, in the special circumstances of the case on hand, it is reasonable in the interest of justice to enhance the compensation from Rs.75,000/- to Rs.1,00,000/- Therefore, in the totality of the circumstances and on the evidence on record, while taking into consideration the ages of dependents of the deceased-Kummari Bhoomaiah and also the continuous treatment of the deceased as inpatient for a period of four months and subsequent medication towards treatment, awarding an amount of Rs.10,000/- towards medication is reasonable in the interest of justice. Accordingly, the civil miscellaneous appeal is allowed in part enhancing the compensation to Rs.1,10,000/-. _________________ K.S. APPA RAO, J 11th February,2011. NDR/Rkk