HONOURABLE SRI JUSTICE P. SWAROOP REDDY M.A.C.M.A. No.34 OF 2006 JUDGMENT: Being dissatisfied with the quantum of compensation awarded in O.P. No.875 of 2003 vide award dated 21-07-2005 by the learned Chairman, Motor Accident Claims Tribunal – cum – I Additional Metropolitan Sessions Judge – cum – XV Additional Chief Judge, Hyderabad, claimant preferred this Civil Miscellaneous Appeal. 2. The owner of the jeep bearing No.AP28 – V – 1041 involved in the accident and insurer of the above jeep are respondent Nos.1 and 2 respectively in the O.P. before the Tribunal. 3. For the sake of convenience, the parties are referred to as arrayed in the O.P. before the Tribunal. 4. The case of the claimant before the Tribunal is that on 23-02-2003 at about 4-00 PM, while he was proceeding as a pillion rider on the Scooter bearing No.AP28 – AC – 8274 being driven by one K. Narasimha from Brahmanapally towards Ibrahimpatnam, near Ibrahimpatnam, Chinna Thoomu, jeep bearing No.AP28 – V – 1041, belonging to respondent No.1, being driven by its driver in a rash and negligent manner in high speed, hit the scooter from the opposite direction, as a result, he fell down and sustained grievous injuries to his ankle of right leg and other injuries all over his body. A case in Crime No.27 of 2003 was registered by the police Ibrahimpatnam Police Station under Section 337 IPC and later altered to Sections 338 and 337 IPC against the driver of the jeep and investigated into. He was aged 25 years at the time of accident and earning a sum of Rs.3,000/- per month by working as a stone-cutter. He was treated as inpatient in the NIMS for 14 days and he spent substantial amount for medicines, transportation and extra-nourishment etc. During the treatement period and subsequent thereto, he lost his earnings. Therefore, he claimed a compensation of Rs.2,50,000/-. 5. Respondent No.1 remained ex parte and respondent No.2, insurance company, alone filed its counter denying the case of the claimant. 6. Based on the pleadings, the following issues were framed for trial by the Tribunal: “1. Whether the accident resulting in injuries to the petitioner occurred on 23.2.2003 due to rash and negligent driving of the driver of jeep bearing no.AP-28V—1041? 2. Whether the petitioner is entitled for compensation, if so, to what amount and from whom? 3. To what relief?” 7. To prove his case, claimant got examined himself as PW.1 and the doctor, who issued disability certificate, as PW.2 and got marked Exs.A-1 to A-12. On behalf of respondent No.2, insurance company, no oral evidence was adduced except marking Ex.B-1, a copy of the insurance policy, with consent of both the parties. 8. Based on the material on record and after an elaborate consideration of the same, Tribunal awarded a compensation of Rs.1,62,754/- to the claimant as against his claim of Rs.2,50,000/-. Being dissatisfied with the quantum of compensation, claimant preferred this appeal. 9. Now the contention of the learned counsel for the claimant is that claimant was working as stone-cutter and as he sustained substantial injuries to his leg i.e., compound fracture of right leg, dislocation of right ankle with avulsion injury, on account of which, movements of leg were completely affected, as a result, his income capacity came down as he could not work as before, the compensation awarded by the Tribunal is inadequate. 10. On the other hand, learned counsel for the insurance company (respondent No.2) contends that though the claimant suffered only a fracture and dislocation of ankle, Tribunal awarded a compensation of Rs.1,62,754/-, which itself is on higher side, as such, it is not a case for enhancement of the compensation, and therefore, the appeal is not sustainable. 11. Since no appeal or cross-objections are preferred by the insurance company, there is no need to go into the question of liability of the insurance company for payment of compensation to the claimant and in the circumstances, the only point that arises for consideration is whether the compensation awarded by the Tribunal to the claimant is inadequate ? 12. According to the claimant, he was working as a stone-cutter and his income was Rs.3,000/- per month. When the claimant himself claimed his income as Rs.3,000/- per month, obviously it might be on higher side and there is no authentic material to show his income as claimed by him. As the claimant did not become completely immobile on account of the accident, his income at the time of accident may not be much relevant as on account of the accident, his income has not been drastically reduced since the work he was doing is stone cutting and the same can be discharged even by sitting and mostly stone cutting would be done by sitting. However, the restriction of leg movement on account of injury to ankle would immobile him to some extent and cause inconvenience, as such, the same has to be taken into consideration for awarding compensation. 13. Evidence of PW.2, a Professor and Head of the Department of Osmania General Hospital, who examined the claimant and issued injury certificate is that claimant had two injuries i.e., fracture and dislocation of right ankle. There was restriction of right ankle and discomfort in leg. He assessed the disability and loss of earnings capacity to his right lower leg at 40%. Significantly, the assessment is not for the entire body and is only for right lower limb. 14. Ankle is a delicate area and when there is substantial injury to the right ankle and restriction in movement of the leg, claimant would suffer inconvenience to move and squat etc., while working. 15. Tribunal awarded Rs.57,000/- and odd towards medical expenses, extra-nourishment and attendant charges etc., Rs.25,000/- towards pain and suffering, Rs.3,750/- towards loss of earnings during the period of treatement and subsequent thereto and Rs.76,500/- towards loss of future earnings. Thus, Tribunal awarded a total compensation of Rs.1,62,754/- to the claimant. However, nothing is awarded towards inconvenience being suffered by the claimant through out his life due to restriction in ankle movements. Therefore, I hold that awarding a sum of Rs.25,000/- towards inconvenience suffered by the claimant due to the ankle injury would meet the ends of justice and it is accordingly awarded. Accordingly, the compensation awarded by the Tribunal is enhanced by Rs.25,000/- (Rupees twenty five thousand only) and the claimant is entitled to a total compensation of Rs.1,87,754/- (Rupees one lakh eighty seven thousand seven hundred and fifty four only) instead of Rs.1,62,754/-. The interest on the enhanced compensation shall be at 6% per annum from the date of petition till realization. The claimant is permitted to withdraw the enhanced compensation soon after its deposit. 16. With the above directions, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. ______________________ P. SWAROOP REDDY, J October 29, 2010. PV