THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.2074 OF 2002 JUDGMENT: This civil miscellaneous appeal is filed by the claimant against the order of the learned Chairman, Motor Vehicles Accidents Claims Tribunal, Madanapally, in O.P.No.287 of 1994. 2. Heard. 3. The brief facts are as follows: On 22.08.1994 at about 10.15 a.m., while the petitioner was going in a private bus bearing No. AP 21/5/1467, the bus fell in a ditch at Danamitta village on account of the rash and negligent driving of the driver of the bus, on account of which, the petitioner sustained multiple fractures all over his body, his spinal card was damaged apart from other injuries received. He was shifted to Primary Health Center, Molakalacheruvu and from there, to Government Hospital at Madanapalle. He was also treated at Christian Medical College, Vellore, where he was treated in the Intensive Care Unit. He spent Rs.15,000/- per day towards treatment. At the time of accident, he was serving as Priest and was also working as Warden at Dan Bosco Nava Jeevan School, Marlapalle, Punganur Mandal, Chittoor District. He claimed compensation of Rs.12.00 lakhs. First respondent remained exparte. A usual counter was filed by the second respondent. On the basis of the above pleadings, the following issues were framed. 1. What is the nature of the injuries sustained by the petitioner? 2. Whether the petitioner sustained injuries due to the fault of the driver? 3. To what compensation the petitioner is entitled? 4. Which of the respondents are liable to pay the said compensation? 5. To what result? 4. On behalf of the appellant-petitioner, P.Ws.1 and 2 were examined and Exs.A1 to A35 were marked. On behalf of the second respondent, Ex.B1 the copy of policy and Ex.X1 the certificate issued by the Head Pharmist at Vellore Hospital, were marked. On the basis of the material on record, the court below awarded compensation of Rs.5.00 lakhs under the following heads: 1. Rs.1,88,575/- towards medical bills; 2. Rs.2,00,000/- towards medical expenses; 3. Rs.50,000/- towards pain and suffering; 4. Rs.25,000/- towards incidental expenses including attendant charges etc., 5. Taking the income of the claimant at Rs.2,000/-per month and by applying multiplier 7.68, granted Rs.1,84,320/- rounded off to Rs.1,85,000/- towards loss of income; 6. Rs.40,000/- towards loss of amenities in life. Aggrieved by the same, the present appeal is filed by the claimant. 5. Now, the question is whether the appellant is entitled for more compensation than what is granted by the Court below. 6. According to the evidence of P.W.1, on account of the accident, his spinal card was damaged. He cannot stand or walk. 5 or 6 links of his spinal card were dislocated. He was admitted in Christian Medical College Hospital, Vellore for expert treatment for three months, from there he was transferred to the Rehabilitation Centre belonging to the same hospital for Physio Therapy, where he was inpatient for four months. He is unable to move his lower part of his body from chest onwards inspite of the treatment he has taken at various places. He is depending on two attendants. One male attendant for taking care of his toilet problem and a female attendant for feeding as he cannot lift his hand, he can lift his hand only partially, his speech is also affected. He cannot turn himself on the bed from one side to other side. For that also, he requires help. For every three hours, the position of his sleeping has to be changed. He has to move in a wheel chair, for which also he requires help. 7. The evidence of P.W.2, the medical officer, who is the professor and Head of the department of Medicine and Rehabilitation, CMC Hospital, Vellore, is that he has treated the petitioner who was admitted on 22.08.1994 for the first time and he took treatment as inpatient for 240 days as he suffered injuries to C5 and C6 Vertebrae. P.W.2 gave the details of treatment, according to him petitioner’s injury resulted in complete spinal card damage, which resulted in paralysis of all four limbs, loss of sensation in all four limbs, loss of voluntary control over passing of urine and defecation of bowel and loss of sexual function as well as temperature control of the body. He lost some respiratory muscles, which has resulted reduction in vital capacity, he was admitted for second time for 54 days, third time, for six days in 1998 also. Thus, the petitioner suffered very serious injuries. He has become completely immobile. There appears to be no dispute about the petitioner suffering above injuries and becoming 100% disabled permanently requiring attendants for all his functions. 8. The Court below has granted compensation for loss of income, pain and suffering and towards the amount spent for treatment. No reasonable compensation is granted towards future medical expenses and for spending towards attendants. 9. It is a case, where the condition of the appellant-claimant has become worst than death and requires continuous treatment and attendants. Considering all these circumstances, it is a fit case for granting another amount of Rs.2,00,000/-. 10. The C.M.A. is accordingly partly allowed enhancing the compensation from Rs.5,00,000/- to Rs.7,00,000/- by granting another amount of Rs.2.00 lakhs. The interest on the enhanced amount of compensation shall be at 6% per annum throughout. No order as to costs. ______________________ P. SWAROOP REDDY, J. 30th September 2010, Rns