THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3528 OF 2003 Date: 31-03-2011 Between: Mohd. Khutubuddin …..Appellant And Thota Shankaraiah and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3528 OF 2003 JUDGMENT: Aggrieved by the order of the Principal Motor Accident Claims Tribunal- cum-Principal District Judge, Warangal in M.V.O.P.No.555 of 2000, dated 18.06.2003, present appeal is filed. Appellant herein is the petitioner in the M.V.O.P.No.555 of 2000. The petitioner filed above M.V.O.P. to grant compensation of Rs.3,10,000/- for the injuries sustained by him in a road accident on 21.3.2000. On behalf of the petitioner, P.W.1 and P.W.2 were examined and Ex.A-1 to Ex.A-7 were marked. On behalf of the respondent, Ex.B-1 copy of the policy relating to the offending vehicle in question is marked. The factum of accident is not disputed. In a case of this nature when the petitioner is claiming compensation on the ground that he lost total sight in his right eye due to the injuries sustained by him, the medical evidence is to be taken into consideration while granting compensation. According to P.W.2, who is an eye specialist, on 8.6.2000, he treated P.W.1 for the injuries to the right eye and he found total blindness in it. The injured is aged about 28 years and admittedly a labourer. As seen from Ex.A-3-injury certificate and evidence of P.W.2, it can be safely inferred that the injury caused to his right eye is grievous and it will cause hindrance of his day-to-day activities. The injured is presently 28 years old, he lost eye sight in his right eye, certainly it will lead to many complications in his profession, much less his profession being a labourer. By losing the vision of the right eye, he will be deprived of his income and he will not be able to discharge his duty effectively as labourer. Therefore, any amount of compensation granted will not equate his disability. In the case of this nature, the Court should exercise its discretion while granting compensation to victims of this type in generous manner. The lower Court granted Rs.30,000/- towards pain and suffering, Rs.5,000/- towards medical expenses, attendant allowance and Rs.15,000/- towards special damages for the injury to the right eye towards partial disability, which comes to Rs.50,000/-. As per record, initially the partial disability leads to permanent disability and there is no possibility of getting vision again through right eye. Therefore, in the special circumstances of the case, viewed from any angle, the amount of compensation granted of Rs.30,000/- towards pain and suffering and Rs.15,000/- towards special damages for the injury to the right eye towards partial disability is not just and reasonable and the same is enhanced to Rs.1,00,000/- besides granting of Rs.5,000/- towards medical expenses, totalling to Rs.1,05,000/-. The rate of interest on the enhanced amount of compensation is 6% which shall be payable from the date of petition till the date of realization. With the above modification, the petition is allowed. No costs. ________________________ JUSTICE K.S. APPA RAO 31st March, 2011. Tjmr THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3528 OF 2003 DATE: 31.03.2011