THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1181 of 2003 Date: 12.08.2010 Between: Kappala Viswanath … Appellant and K.V. Narayana and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1181 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 05.03.2001, in M.V.O.P.No.571 of 1999, passed by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Kadapa, (for brevity “the Tribunal”), awarding a sum of Rs.1,55,200/- towards compensation as against the claim of Rs.2,50,000/- for the injuries sustained by the appellant-claimant in a motor accident that occurred on 08.10.1997 at 6-30 a.m., near Sholavaram Bazar, G.N.T. Road, Chennai, due to the rash and negligent driving on the part of driver of the lorry, bearing registration No.AP 04T 0979, the present civil miscellaneous appeal has been preferred by the claimant in the O.P. 3. The appellant herein is the claimant, first respondent is the owner of the offending lorry, against whom the claim was dismissed for default vide Court order, dated 28.1.2010, and the second is its insurer-United India Insurance Company Limited. 4. This is a case of injuries sustained by the claimant in the motor accident. The particulars regarding the method and the manner in which the accident had occurred and also the aspect of negligence are not referred to since not in dispute. 5. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.1,55,200/- towards compensation in all. Hence the present appeal. 6. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 7. Admittedly, the claimant is a young boy of 19 years old as on the date of accident. He sustained fracture injury to his both legs and also on his fore-head. He took treatment for 1 ½ month in General Hospital, Madras and also at Tirupati. He also took treatment in Puttur. As per the evidence of P.W.2, doctor, his right lower limb was shortened by 2” followed with mal-united fracture of right femur. He has got mal-united fracture of both bones of left leg. P.W.2 assessed the partial permanent disability of the claimant at 40%. Taking into consideration the evidence of P.W.2, the Court below awarded a sum of Rs.10,000/- towards pain and suffering, Rs.10,000/- towards medical expenses, Rs.10,000/- towards transport charges and Rs.10,000/- towards loss of amenities in life. Taking the income of the claimant at Rs.1,500/- per month and by applying the multiplier ‘16’, the Tribunal assessed the loss of income for 40% disability at Rs.1,15,200/-. In all, a total sum of Rs.1,55,200/- was awarded towards compensation to the claimant. 8. I am of the view that out of the amounts awarded under various heads, the amounts of Rs.10,000/- awarded towards pain and suffering and Rs.10,000/- towards medical expenses are very low. A person, who suffered fracture of both legs would certainly have pain and suffering to a great extent than estimated by the Tribunal. In fact, such pain and suffering cannot be estimated strictly in terms of money. Therefore, having regard to the fact that both the legs of the claimant have been fractured, it is just and reasonable to increase the amount towards pain and suffering by Rs.10,000/- more. Coming to the medical expenses, it is to be seen that the claimant suffered fracture to both legs. In such a case, awarding of Rs.10,000/- only under the said heading is unreasonable. There may be some insufficient evidence on record. Awarding of Rs.10,000/- only for the treatment of two fractured legs is very marginal. Therefore, I feel it is just and reasonable to enhance the amount towards medical expenses by Rs.10,000/- more. 9. Therefore, in all, the claimant shall be entitled to a sum of Rs.1,75,200/- (Rs.1,15,200/- towards loss of income, Rs.20,000/- towards pain and suffering, Rs.20,000/- towards medical expenses, Rs.10,000/- towards transport charges and Rs.10,000/- towards loss of amenities in life). 10. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.1,55,200/- to Rs.1,75,200/- (Rupees one lakh seventy five thousand two hundred only). The additional amount of Rs.20,000/- (Rupees twenty thousand only) shall carry interest at the rate of 7% per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects, the order passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 12.08.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1181 of 2003 12.08.2010 (Msr)