THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.NO.1027 OF 2006 DT: 24-03-2011 BETWEEN: MD.RAHEEMUDDIN .. APPELLANT AND MD.KHALEEL AND ANOTHER .. RESPONDENTS THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.NO.1027 OF 2006 JUDGMENT: The claimant filed this appeal under Section 173 of the Motor Vehicles Act, dissatisfied with the compensation awarded by the Tribunal in O.P.No.2234 of 2002 in its order dated 22-09-2005 for the injuries sustained by Md.Raheemuddin-appellant in the motor vehicle accident that occurred on 3-1-2002 at about 6.00 p.m near Diamond Hotel, Pisalabanda, Hyderabad. The facts in nutshell are that on 3-1-2002 at about 6.00 p.m., Md.Raheemuddin was moving towards Diamond Hotel, he was at Fathima Masjid when a Matador van bearing No.AP 16/T-1115 proceeding from Chandrayangutta towards DMRL dashed the appellant from behind in as much as at the relevant time it was driven rashly, negligently and in a high speed by its driver. The claimant sustained grievous injuries in as much as a fractured injury in the right elbow, multiple superficial abrasions besides other injuries. He was immediately shifted to the Owaisi Hospital, Hyderabad, where he had undergone treatment as in-patient. He filed the above O.P. claiming compensation of Rs.50,000/- from the owner and insurer of the crime vehicle. The Tribunal after framing necessary issues and considering the evidence of PWs 1 and 2 and Exs.P-1 to P-44 on behalf of the claimant and R-1 on behalf of the respondents in OP, while holding the driver responsible for the accident, awarded compensation of Rs.49,000/- with interest at 9 % per annum from the date of petition till realisation and directed the respondents to pay the same within a period of 30 days and whereupon a sum of Rs.25,000/- shall be disbursed to the petitioner since the petitioner has already incurred expenditure towards treatment and prosecuting this litigation and the balance with accrued interests and costs shall be deposited in high interest yielding fixed deposits in nationalised banks for a period of one year permitting the petitioner to periodically withdraw accrued interest or further sums, if any, by showing sufficient cause to the competent authorities. Dissatisfied with the compensation, the claimant preferred this appeal. Heard learned counsel appearing on both sides and perused the record. Learned counsel for the appellant-claimant contended that the claimant was working as a Supervisor in Viceroy Garden Function Hall and was earning Rs.4,000/- salary per month by the date of accident and due to the accident, he is unable to do the work. On the other hand, learned counsel for the respondents supported the impugned order. In the instant case, it is not in dispute that the claimant was working as a Supervisor in Viceroy Garden Function Hall and his earnings can be taken as Rs.3,000/- per month and annually, it works out to Rs.36,000/-. Since the claimant suffered injuries, I am inclined to take the annual loss of income as Rs.1,800/- i.e. 5 % of the annual income. Thus, the annual loss of income is fixed at Rs.1,800/-. The injured was aged 50 years by the date of accident and the appropriate multiplier for that age is ‘11’. Therefore, the total loss of income of the injured works out to Rs.19,800/- (Rs.1,800 x 11), he is granted Rs.20,000/- towards disability, Rs.10,000/- towards pain and suffering, Rs.20,000/- towards medical expenses and Rs.10,000/- towards extra nourishment and the claimant is entitled to Rs.79,800/-. 7. In the result, the appeal is allowed enhancing the compensation from Rs.49,000/- to Rs.79,800/-. Since the claimant has claimed Rs.50,000/- and paid court-fee on that amount, she is directed to pay the court-fee on the enhanced compensation and claim the amount. The enhanced compensation shall carry interest at 9% per annum from the date of petition till realisation. _____________________ GHULAM MOHAMMAD, J Dt: 24-03-2011. tnb THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.NO.1027 OF 2006 Dt: 24-03-2011.