THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.4600 OF 2004 JUDGMENT: This appeal is filed by the claimant aggrieved by the award dated 2-9-2004 passed in OP No.816 of 2001 by the IV Additional Metropolitan Sessions Judge-cum-XVIII Additional Chief Judge, Hyderabad. The OP was filed by the claimant-appellant herein seeking compensation of Rs.2,00,000/- for the injuries sustained by him in the motor vehicle accident on 6-5-1999. 2. The facts stated are:-The claimant on the fateful day was going by a cycle from Chintalbavi, Military Dairy, Old Bowenpally, Secunderabad, and when he reached Military Dairy farm, a tato sumo bearing no.AP 28 L 1659 came from Bowenpally side, in a rash and negligent manner and at high speed and dashed the claimant’s cycle, as a result of which he fell down and sustained grievous injuries and was shifted to CDR hospital, Hyderabad. That the claimant was working as B.Grade worker and getting income of Rs.3,000/- per month and due to the accident his efficiency of work was badly affected and also loss of earnings. 3. Heard the learned counsel for the parties. 4. To prove the accident, the claimant was examined as PW- 1 and another witness as PW-2. The claimant also filed Ex.A-1 copy of FIR, Ex.A-2 charge sheet and Ex.A-3 copy of the medico legal certificate. The Tribunal considering this evidence adduced held that the accident occurred due to the rash and negligent driving of the Tata Sumo vehicle in question by its driver. The driver of the accident Tata Sumo in question was not examined. In the circumstances, the finding of the Tribunal as regards fixing the culpability on the part of the driver of Tata Sumo in question does not call for any interference by this Court. 5. Coming to the question of award of just compensation, it has come in evidence that the claimant was an employee in Tecumesh Products India Pvt. Limited at Balanagar, Hyderabad, and getting drawing a salary of Rs.3,000/-. Since none was examined to prove Ex.A-7 salary certificate, the income of the claimant can be taken at Rs.2,000/-, which annually comes to Rs.24,000/-. As on the date of the accident, the claimant was aged 38 years, the appropriate multiplier applicable is ‘15’. As regards the disability sustained, it has come in the evidence of PW-2 doctor that the hospital record show that on 6-5-1999, the claimant was admitted in CDR hospital with multiple fractures of the pelvis and he was operated on right sacro iliac and discharged on 17-5-1999 and later the claimant visited their hospital several times as out patient and on advise by the doctor the claimant visited the hospital for follow treatment. Ex.A-4 is the discharge summary issued by the CDR hospital with the case history and the treatment extended to the claimant. Though no disability certificate is issued by the doctor, considering the injuries as detailed in Ex.A- 4 and also the evidence of PW-2 doctor to the effect that the claimant sustained multiple fractures of the pelvis and he was operated upon and the disability is to the extent of 20%, though no disability certificate is issued, considering the injuries and also the evidence of PW-2, the disability can be taken at 20% and if 20% of Rs.24,000/- is taken, it comes to Rs.4,800 and if the same is multiplied with the appropriate multiplier ‘15’, an amount of Rs.72,000/- is awarded towards injuries sustained.. In addition to this amount, a sum of Rs.10,000/- towards loss of earnings, Rs.1,000/- charges towards transportation, Rs.75,000/- towards medical and hospital charges, Rs.10,000/- towards pain and suffering, as allowed by the Tribunal is granted, totalling to Rs.1,68,000/-. The rate of interest on the total amount of compensation granted by the Tribunal at 9 % per annum is reduced to 7.5 % per annum from the date of petition till the date of payment, in the light of the decision of the Supreme Court in SARLA VERMA vs. DELHI TRANSPORT CORPORATION (2009 (6) SCALE 129). 6. In the result, the appeal is allowed in part and the impugned award passed by the Tribunal is modified to the extent indicated above. No costs. ______________________ Ghulam Mohammed, J Dated 24-2-2011 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.4600 OF 2004 24-2-11