THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.2666 OF 2002 JUDGMENT: This civil miscellaneous appeal is filed against the judgment of the Chairman, Motor Accidents Claims Tribunal (Additional District Judge) Ongole, in O.P.No.185 of 1991. The claimant is the appellant. During the pendency of the appeal, he died and his wife is impleaded as legal representative. 2. Heard. 3. The brief facts are as follows: On 05.10.1990 while the lorry AAA 1666 was proceeding from Bangalore to Anaparthi, on account of rash and negligent driving of the driver of the lorry in high speed, when it turned turtle, the petitioner-claimant, who was the cleaner of that lorry, fell down from the lorry and received multiple injuries including fracture of pelvis, dislocation of left hip etc. He was shifted to Bangalore hospital, where he took treatment from 10.10.1990 to 04.04.1991. Several operations were conducted on him. Inspite of that, he did not recover and suffered permanent disability. He claimed compensation of Rs.2.00 lakhs. 4. The second respondent resisted the claim of the petitioner by filing counter. 5. On the basis of the above pleadings, the following issues were framed for trial: 1. Whether the petitioner had received injuries on account of the rash and negligent driving of the lorry AAA 1666 by its driver? 2. Whether the petitioner is entitled to claim the compensation? and if so, what is the just and equitable quantum of compensation that can be granted to him and against which of the respondent? 3. To what relief? On behalf of the petitioner-claimant, P.Ws.1 to 3 were examined and Exs.A-1 to A-159 were marked. On behalf of the respondent, Ex.B1 copy of policy was marked and Exs.X1 to X12 were also marked. 6. On the basis of the material on record, the learned trial Judge awarded compensation of Rs.95,171.30ps with proportionate costs and interest at 12% per annum. Aggrieved by the same, the present appeal is filed. 7. Now, the point for consideration is whether the compensation awarded by the Court below is appropriate? 8. The claimant spoke about the injuries received by him and he stated that on account of the injuries he suffered, he was hospitalized for six months. His wife, sister-in-law and brother attended him at Bangalore in the hospital and he spent Rs.600/- per month to reside out side and Rs.70,000/- for treatment including expenditure of the attendance, Rs.11,000/- was spent for operations and Rs.30,000/- was spent for other treatment expenditure. After the accident, he is unable to bend his legs, left leg got reduced by 3 inches, and it lost its movements. P.W.1 Civil Assistant Surgeon at Government Hospital, Ongole, who initially examined the claimant, stated that there were 13 external injuries, one of which was grievous in nature. The X.ray revealed fracture of pelvis, central dislocation of left hip, that the claimant was admitted into Government hospital, Ongole on 05.10.1990 and discharged on 08.10.1990 at his request. P.W.3 is Orthopaedic Professor at Bangalore, who was examined on commission, stated that the petitioner was treated from 10.10.1990 to 03.04.1991. Ex.X1 is the discharge summary and Ex.X2 is the final diagnosis and discharge summary given by the surgery unit. He says that the petitioner suffered the following injuries: 1. Multiple abrasions all over the body. 2. Subcutaneious emphsemi anterior abdominal wall. 3. Hematoma over the back. 4. Central dislocation due to fracture, left hip joint. 5. Fracture of pelvis with pubic diastesis. 6. Perineal injury. 7. Injury to the penis with superficial wound over the perineum. 9. He further deposed that he treated the petitioner by fixation of screw and pin. He also stated that on 25.04.1994 he examined the petitioner, who complained pain in left hip and unable to squat, there was marked limping on the left side, squatting was very difficult, there was shortening of left leg by 1 ½ inches. There was reduction of calf muscle on the left side, left hip flexion was 90% with rotation limited by 10 to 15%. There was difficulty in movement of left knee and left ankle. There was scar of 5 ½ X 6” over the abdomen. Percentage of disability was 15% for shortening of leg by 1 ½”, 5% for wasting of muscle, 30% for limitation of hip movement and 25% for limitation of left ankle movement. Thus, 75% of the left lower limb and the whole body disability was 28%. The Court below after considering the entire material granted compensation of Rs.95,171.30 ps. under various heads. 10. As contended by the learned counsel for the petitioner, it is a case where the petitioner suffered very serious injuries and took treatment at Bangalore, where his wife and other family members have attended on him and towards treatment and attendance, he must have spent substantial money at Bangalore, as such, he can be granted an amount of Rs.50,000/- towards treatment including charges for attendants. Towards loss of earnings, pain and suffering, he can be granted another amount of Rs.1.00 lakh, as the injuries are very serious in nature and subsequently, the claimant died, though it is not the case of the second petitioner that he died on account of the impact of the injuries he suffered in the accident as he died eight years after the accident, but for those eight years, he must have suffered substantial inconvenience, he was unable to walk properly, the injuries must have caused loss of several amenities in life, obviously he was unable to do any work, much less as a cleaner. 11. Thus, the compensation is enhanced to Rs.1,50,000/- from Rs.95,171.30ps. The petitioner shall be entitled for interest at 6% per annum on the enhanced amount from the date of petition. The enhanced amount including interest shall be payable to her, i.e. second petitioner in two instalments. The second petitioner is entitled to withdraw 25% of the enhanced compensation and proportionate interest as and when deposited and balance 75% after completion of two years from today, till then the same shall be kept in fixed deposit in any nationalized bank. No order as to costs. 11. Accordingly, the appeal is partly allowed. ______________________ P. SWAROOP REDDY, J. 6th September 2010, Rns