THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A No.1595 of 2009 JUDGMENT: This appeal is filed against the order dated 01.08.2008 passed in M.V.O.P.No. 1404 of 2005 by the XVII Additional Chief Judge-cum-III Additional Metropolitan Sessions Judge, Hyderabad. 2. The said M.V.O.P was filed by the claimant/appellant herein seeking compensation of Rs.6,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 03.03.2005. As against the claim of Rs.6,00,000/-, the Tribunal awarded total compensation of Rs.70,000/- with interest at 7.5% per annum. Hence, this appeal by the claimant. 3. Heard learned counsel for the appellant/claimant and the learned counsel for the respondents. Perused the impugned order passed by the Tribunal. 4. There is no dispute as to the nature and date of the accident and claimant sustained injuries in the said accident. The Tribunal considering the evidence adduced fixed the culpability in causing the accident, on the driver of the Maruti car bearing registration No.AP 23 H 2182, which does not warrants any interference. It is borne out from the record that as on date of the accident, the claimant was aged 43 years and was working as Finance Manager in a Private Limited Company and drawing monthly salary of Rs.12,880/-. The claimant to substantiate his claim himself as P.W-1 and examined P.W-3-doctor who treated the claimant. It has come in the evidence of P.W-3 that a surgery was done on the left wrist of the claimant and a plate was inserted. According to the doctor, the disability is assessed at 25% and accordingly issued Ex.A-6-disability certificate. According to Ex.A-16-salary certificate, claimant was earning Rs.8,000/- + H.R.A Rs.1,600/- which comes to Rs.9,600/-. As none is examined to prove the income, the income of the claimant can be fixed at Rs.5,000/- per month and annually it comes to Rs.60,000/- (5,000 x 12). Though P.W-3-doctor issued disability certificate assessing disability at 25%, since he was not a government doctor and he was a private doctor, the disability is taken at 20% and 20% of Rs.60,000/- comes to Rs.12,000/-. The appropriate multiplier having regard to the age of the claimant, as per the decision reported in SARALA VERMA VS. DELHI TRANSPORT CORPORATION[1] is ‘14’ and when the same is applied, the amount comes to Rs.1,68,000/- (12,000 x 14). The claimant is also entitled to medical expenses incurred to tune of Rs.25,000/- under Ex.A-5 discharge summary given by Mythri Hospital and under Ex.A-11 bunch of bills issued by Suvarna Physiotherapy plus an amount of Rs.5,000/- towards pain and suffering. Thus the claimant is entitled to total compensation of Rs.1,98,000/-. 5. From this amount a sum of Rs.25,000/- is to be deducted under the count of discomforts granted by Tribunal. Thus, the claimant is entitled to Rs.1,73,000/- (1,98,000-25,000) with 6% interest on the enhanced compensation and 7% on the rest of the amount. 6. In the result, the impugned award of the Tribunal is modified to the extent indicated above and the appeal is allowed in part. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J April 7, 2011 SP /NRG THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A No.1595 of 2009 April 7, 2011 SP/NRG [1] 2009 (6) scale 129