HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.466 of 2008 Date: 15-7-2011 Between G.Balesh … Appellant/Claimant and Akula Shatappa and another … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.466 of 2008 Judgment: Being aggrieved by the order and decree dated 24-9-2007 in O.P.No.1824 of 2005 on the file of the XVII Additional Chief Judge cum III Additional Metropolitan Sessions Judge, Hyderabad the present civil miscellaneous appeal is filed by the appellant-claimant. 2. The appellant herein is the claimant in O.P.No.1824 of 2005 before the tribunal below. The claimant filed the said O.P., claiming compensation of Rs.5,00,000/- for the injuries sustained by him in a road traffic accident that occurred on 03-3-2005. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.63,072/- under all heads. Being aggrieved, the present civil miscellaneous appeal is filed by the claimant. 3. The learned counsel for the appellant-claimant mainly urged that the tribunal below without any basis awarded very meagre compensation though the petitioner sustained severe grievous injuries which will cause hindrance in his day to day life and the tribunal below also failed to consider the suffering and the loss of income of the injured while awarding meagre compensation and requested for enhancement of compensation. 4. Now, the point for consideration is -- whether the claimant is entitled for enhancement of compensation ? 5. Point:- The factum of accident is not disputed. As seen from the impugned order, the injured is aged 25 years and his occupation is noted as labourer. The petitioner laid claim for Rs.5,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 03-3-2005. The offending vehicle had a valid insurance coverage on the date of accident. The tribunal below while assessing the evidence on record fastened the liability against the respondents 1 and 2 jointly and severally and directed them to pay compensation to the claimant. When the amount of compensation granted by the tribunal below is very meagre and disproportionate, the appellant herein sought for enhancement. 6. In order to prove the injuries on P.W.1 while himself examined as P.W.1, examined P.W.2 Dr. W.R.Shashidhar Rao, Orthopaedic Surgeon and filed Exs.A-3 to A-6. According to the evidence of P.W.1, he sustained fracture of pelvis with diastasis pubic symphysis with urethral injury and he was managed conservatively with below knee skin traction and was advised to take bed-rest for one year. It is also his evidence that he spent Rs.40,000/- towards the treatment and he was bedridden and not able to sit and squat. 7. In support of his evidence, P.W.2 Dr. W.R.Shashsidhar Rao, Orthopaedic Surgeon, who treated P.W.1, deposed that P.W.1 had fracture of pelvis with diastasis pubic symphysis with urethral injury and was treated conservatively managed with below knee skin traction with two kgs. each and was advised to use bone skin traction, absolute bed-rest, not to sit or stand, to use medicines and he opined that the injuries sustained by P.W.1 are grievous in nature. He also certified Exs.A-3 to A-5. 8. The tribunal below while agreeing with the findings of the doctor P.W.2, awarded the compensation on different heads, however, in my view, the aforesaid compensation awarded is very meagre and disproportionate and not on the gravity of the injuries sustained by P.W.1. While taking into consideration the gravity of the injuries as spoken to by P.W.2, an amount of Rs.15,000/- is granted towards loss of earnings, Rs.2,000/- is awarded towards damages to clothing, Rs.2,000/- is awarded towards transportation, Rs.5,000/- is awarded towards extra nourishment and Rs.15,000/- is awarded towards pain and suffering. As the petitioner was advised to take bed-rest for one year and he was treated conservatively, managed with below knee skin traction with two kgs. each, granting of Rs.50,000/- to the aforesaid injuries is just and reasonable. Accordingly, the same is granted besides granting Rs.18,825/- and Rs.4,247/- as claimed under Exs.A-5 and A-6, respectively. In total, the claimant is entitled to the compensation of Rs.1,12,072/- rounded of to Rs.1,13,000/- (Rupees one lakh and thirteen thousand only) under all heads. 9. Accordingly, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.63,072/- to Rs.1,13,000/- (Rupees one lakh and thirteen thousand only), which carries interest at the rate of 7.5% per annum from the date of petition till realisation. No costs. ___________________ K.S.APPA RAO, J. 15th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.466 of 2008 15th July, 2011. (Ak)