HON'BLE SRI JUSTICE GHULAM MOHAMMED MACMA NO. 3135 OF 2008 JUDGMENT: This appeal is filed by the appellants under Section 173 of Motor Vehicles Act, 1989 against award dated 01-04-2008 passed in O.P.No.2723 of 2005 on the file of the XII Additional Chief judge, City Civil Court, Hyderabad. 2. The appellants herein are the claimants and the respondents herein are the owner of the vehicle and the insurance company respectively and they are referred to as arrayed before the Tribunal for the sake of convenience. 3. The factual background for the appeal is that on 10.12.2004, whe the petitioner was about to step into the jeep bearing registration No.AP 22 U 8487 at Annaram Stage to go to Jadcherla, one jeep bearing No.AP 23 V 431 came from backside rashly and negligently and dashed the petitioner, as a result, the petitioner sustained grievous injuries all over the body. Apart from that his left leg was amputated and his right leg was fractured. Shadnagar police have registered a crime No.297 of 2004 4. The plea of the other side is that claimant sustained injuries while he wanted to step into the jeep and that when other vehicle was not made party and hence they are not liable to pay any compensation, that since the two vehicles are involved in the accident, they are liable for payment and hence both the vehicles are liable to pay. 5. The Tribunal on adjudication of the matter framed the following issues for consideration. a. Whether the accident resulting in injuries to the petitioner occurred owing to the rash and negligent driving of the driver of jeep bearing No.AP 22U 8487? b. Whether the petitioner is entitled for compensation? And if so to what amount and from whom? c. To what relief? 6. As per the evidence of PW.1 while he was about to step into the jeep at that time driver of the jeep APA 23v 431 came from backside and dashed the petitioner thereby the petitioner received injuries. As per Section 163A of the MV Act, the claimant need not prove rash and negligent driving, it is sufficient if it is proved that the accident has taken place while the vehicle is being used on road, therefore both the offending vehicles are liable to pay the compensation. However, only one vehicle owner and insurance company was made party in the claim petition. 7. As far as the claim of compensation is concerned, according to PW-1-doctor, the petitioner was hale and healthy prior to accident and was attending to labour works and earning Rs.4,500/- per month. However, no profession and income certificates of the claimant were produced before the Court. However, the age of the injured is assessed to be 25, ends of justice would be met if the earnings of the injured is fixed at Rs.3,000/- per month it comes to Rs.36,000/- per annum (Rs.3,000/- x 12months=Rs.36,000/-). Considering the present case, the disability at 60% as per Ex.A-3, which the petitioner-claimant has sustained, the loss of income comes to Rs.21,600/- per annum (Rs.36,000/- x 60%=Rs.21,600/-) and as the age of the injured is 25 years, the relevant multiplier that can be made applicable for the age group of 20 years to 25 years is 17 as per SARLA VERMA VS. DELHI TRANSPORT CORPORATION[1] and if the same is applied, the amount comes to Rs.3,67,200/- (Rs.21,600x17= Rs.3,67,200). Apart from this, an amount of Rs.18,000/- is awarded towards medical bills. Hence, a total amount of Rs.3,85,200/- may be awarded to the claimants towards the compensation. Since only one vehicle’s owner and insurance company was made party in the claim petition, respondents herein are therefore liable to pay Rs.1,90,000/- being the share of the respondents in claim petition to the extent of share of 50%. 8. Accordingly, this appeal filed by the petitioners is partly allowed awarding a total compensation of Rs.1,90,000/-. 9. Accordingly, the appeal is allowed in part. In the circumstances, there shall be no order as to costs. ____________________ GHULAM MOHAMMED, J February 17, 2011 SP/KK HON'BLE SRI JUSTICE GHULAM MOHAMMED MACMA NO. 3135 OF 2008 February 17, 2011 SP/KK [1] 2009 (6) scale 129