IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENY EIGHTH DAY OF JULY TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD C.M.A. No.2468 of 2003 Between: K. Krishna .. Appellant AND A.P.S.R.T.C. represented by its Managing Director, Musheerabad, Hyderabad. .. Respondent JUDGMENT: This appeal is directed against the award in O.P. No.927 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad, dated 27-02-2003. The factual background for the appeal is that the appellant was travelling on his cycle near Quadribagh graveyard at Amberpet, Hyderabad on 03-09-1998 at about 9.20 P.M. when APSRTC bus No.AP 10Z 4632, driven rashly and negligently in high speed, dashed the cycle from behind resulting in bleeding injuries to the right leg of the appellant. The appellant underwent treatment in Osmania General Hospital as in-patient and he was discharged on 14-09-1998. But still for the grade-I commuted segmental fracture of both bones of right leg, the appellant was advised further treatment and physiotherapy. He was left with permanent disability due to shortening of leg and limping apart from disability to stand and walk or bear any weights. He was earlier working as labourer under M. Srisailam, a milk vendor, attending to his she-buffaloes earning Rs.1,500/- per month and he sustained a total loss of salary of Rs.9,000/- for six months. Even after that as he was unable to work as earlier, his salary was reduced to Rs.1,000/- per month. Hence, he claimed a total compensation of Rs.1,00,000/- towards pecuniary and non- pecuniary damages from APSRTC, the owner of the bus. The Corporation contested the claim contending that the bus was going very slowly, while a scooterist hit the appellant/cyclist, on which the appellant hit the rear portion of the bus on the left side and fell on the road. No negligence of the bus driver was, hence, involved and the Corporation is not liable to pay any compensation to the appellant, more so in view of his contributory negligence. The Tribunal framed issues about the manner of the accident and the entitlement of the appellant to compensation and examined P.Ws.1 to 3 and R.W.1 and marked Exs.A.1 to A.6 during the enquiry. The Tribunal rendered the impugned award not accepting the evidence of the bus driver as R.W.1 and noting that a criminal case was filed against R.W.1 for rash and negligent driving. Ex.A.2 first information report and Ex.A.3 charge-sheet corroborating the injured P.W.1 were relied on to conclude that the accident occurred due to the rash and negligent driving of the bus by R.W.1 and no scooter driver was involved in the accident. The Tribunal noted from Ex.A.1 and Exs.A.4 to A.6 that the appellant sustained grievous injuries, which was also corroborated by the charge-sheet Ex.A.3, which prosecuted the bus driver under Section 338 of the Indian Penal Code. The Tribunal noted P.W.3, the Orthopaedician, estimating the disability to be 30% due to shortening of left leg, limping and inability to squat. The Tribunal accepted the percentage of disability and assessed the age of the appellant at 19 years and awarded a compensation of Rs.9,000/- towards loss of past earnings, Rs.2,000/- towards transport, Rs.2,000/- towards extra-nourishment, Rs.1,000/- towards damages to clothing and cycle and Rs.6,000/- towards medicines and medical expenses as claimed. However, only Rs.5,000/- each were granted towards pain and suffering and for continuing permanent disability as against a claim of Rs.20,000/- each. The loss of earning power was accepted to be Rs.500/- per month and though on application of appropriate multiplier, the loss of future earning power would have been much more than Rs.40,000/- claimed by the appellant, it was restricted to the said sum of Rs.40,000/-. Consequently, a total compensation of Rs.70,000/- was awarded with interest at 9 per cent per annum and further directions were given about the disbursement of the compensation. The appellant is before this Court contending that well settled principles of assessment of compensation were ignored by the Tribunal and it should have exercised its judicial discretion to award whatever was reasonable compensation notwithstanding that the appellant claimed less under any head. The appellant also contended that interest should have been awarded at 12 per cent per annum. Heard Sri M. Jameel Ahmed Ansari, learned counsel for the appellant and none appeared for the respondent Corporation though it was served with notice and though the name of the standing counsel was printed in the cause list on two dates of hearing. The respondent Corporation did not prefer any appeal or cross-objections questioning its liability to pay compensation and therefore, the conclusions of the Tribunal about the responsibility for the accident with the bur driver and the liability of the Corporation to pay just and adequate compensation stand concluded. In so far as the loss of past earnings, transport, extra- nourishment, damage to clothing and cycle and medicines and medical expenses are concerned, the Tribunal awarded whatever was sought for by the appellant and there was no complaint on this count. The Tribunal readily accepted on the evidence before it that the loss of future earning power for the appellant due to the proved disability of 30% is Rs.500/- per month or Rs.6,000/- per annum. As per Sarala Verma v. Delhi Transport Corporation[1], the appropriate multiplier applicable to a person at the age of 19 years would have been 18, the multiplier prescribed being 18 for the persons between the ages of 15 and 25 years. If so, under the head of loss of future earning power alone, the appellant would have been entitled to a compensation of Rs.1,08,000/-. The fact that the appellant claimed less under this head need not deter the Tribunal from awarding the compensation at least to the extent of total compensation claimed by the appellant in the claim petition. Even in respect of pain and suffering and continuing permanent disability as against the claim of Rs.20,000/- each by the appellant, the Tribunal awarded only Rs.5,000/- each, which are also grossly low compared to the conventional sums awarded under these heads in respect of the injuries of the nature suffered by the appellant normally. However, no further calculations or assessments need be made in the light of the fact that under the very head of loss of future earning power, the petitioner/appellant would be entitled to the balance of Rs.30,000/- claimed by him in the claim petition and in this appeal. While this appeal also is confined only to the balance of Rs.30,000/-, the claim for higher interest may not be considered in the light of the fact that the respondent Corporation is custodian of public funds and it is liable to pay interest from the date of the petition in 1999 till the date of payment. Therefore, on the enhanced sum of Rs.30,000/-, interest is confined to 6 per cent per annum only. In the result, the award dated 27-02-2003 in O.P. No.927 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-II Additional Chief Judge, City Civil Court, Hyderabad is modified awarding a further compensation of Rs.30,000/- (Rupees thirty thousand only) with interest thereon at 6 per cent per annum from the date of the petition till the date of realization in addition to the compensation already awarded by the impugned award. No further directions need be given at this distance of time regarding disbursement of the compensation. The appeal is allowed accordingly without costs. _____________________ G. BHAVANI PRASAD, J Date: 28-07-2011 Svv [1] 2009 ACJ 1298