IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD Thursday, this the 26th day of August, 2010. Civil Miscellaneous Appeal No.1416 of 2003 Between Nachukuri Anjaneyulu … Appellant/Petitioner and M/s. Director, Research Centre, Central Silk Board, Post Box No.4, Rayachoti Town and Mandal, Cuddapah district and another … Respondents/Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1416 of 2003 Oral Judgment: Despite service of notice, none appears for respondent No.1-owner of jeep bearing No.AP37M-3107. 2. Heard both sides. 3. Appeal by the claimant challenging the order and decree dated 24-4-2002 in M.V.O.P.No.1008 of 1999 passed by the Chairman, Motor Accident Claims Tribunal cum I Additional District Judge, Cuddapah in awarding a sum of Rs.30,000/- as against the claim of Rs.1,75,000/- towards compensation for the injuries sustained by him in a motor vehicle accident that occurred on 26-8-1999 due to the rash and negligent driving on the part of driver of the jeep, seeking enhancement of compensation. 4. There is no dispute regarding the accident and the negligent aspect. 5. The only question that falls for consideration is – whether the Tribunal had quantified the compensation correctly or not ? 6. The doctor, who treated the claimant, was examined as P.W.2. According to him, the claimant had suffered the following injuries: (i) X-ray left thigh – fracture of femur; (ii) X-ray left writ cut section fore arm present. Elbows – fracture of radius present ulna; (iii) X-ray right wrist – fracture of radius. It has been further stated through the medical evidence that steel rods were inserted in the left hand and left leg and the claimant was not able to set. 7. P.W.2 the doctor further deposed that the claimant was complaining shortening of left lower limb and he is unable to walk. He further deposed that the claimant further complained that he was not able to lift weights with right wrist and left fore arm and further, the doctor opined that there was mal-union left upper femur and shortening of two inches of left lower limb and that the chronic osteomyelitis of both the bones of left fore arm with plates and screws and mal union of right wrist and that he was advised surgical correction of left hip and removal of plate and screws. 8. Though there is no actual assessment of extent of disability, the same is obvious through the medical evidence that the left lower limb of the claimant was shortened by two inches and surgical operations were conducted and were to be conducted again to take up some corrective measures. In such a case, I am of the view that the Tribunal was totally oblivious of the nature and gravity of the injuries suffered by the claimant. 9. Therefore, I am of the view that the amount of compensation shall be enhanced at least by Rs.70,000/- (Rupees seventy thousand only). Accordingly, a sum of Rs.70,000/- is added to the amount of compensation of Rs.30,000/- already awarded by the Tribunal. In all, total sum of Rs.1,00,000/- (Rupees one lakh only) is to be awarded to the claimant and the enhanced amount of Rs.70,000/- shall carry interest at the rate of 7.5% per annum from the date of filing petition till realisation. 10. In the result, the civil miscellaneous appeal is allowed in part. _______________________ JUSTICE D.S.R.VARMA 26th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1416 of 2003 26th August, 2010. (Ak)