IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE RAMESH RANGANATHAN M.A.C.M.A.No.306 of 2005 BETWEEN: R.Sriramulu ..... APPELLANT (S) AND The A.P.S.R.T.C. rep. by its Managing Director, Musheerabad, Hyderabad .....RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN M.A.C.M.A.No.306 of 2005 ORDER: This miscellaneous appeal is preferred by a Conductor working with the Andhra Pradesh State Road Transport Corporation (APSRTC) aggrieved by the order of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Cuddapah, in M.V.O.P.No.698 of 2001 dated 17.11.2004. On 02.06.1997, when the appellant was on duty as a Conductor, certain passengers boarded and sat on the top of the bus at Thipparajupalli village. The appellant claims to have asked the driver to stop the bus and to have climbed the bus from the rear side to ask the passengers, who were sitting on its top, to get down. When the appellant was standing on the ladder and was asking the passengers to get down, the driver suddenly moved the bus without cautioning him which resulted in his falling down on the road and receiving grievous injuries. His frontal bone of the right wrist was fractured. The appellant underwent treatment as an inpatient from 02.06.1997 till 10.06.1997 and, thereafter, as an outpatient for three months. He claims to have spent Rs.15,000/- towards medical expenses. The Tribunal came to the conclusion that the accident took place due to the rash and negligent driving of the bus. With regards the compensation to be paid, the Tribunal observed that the appellant was on leave for 78 days i.e. from 02.06.1997 to 18.08.1997; during the said period he received full salary in terms of the provisions of the Workmen’s Compensation Act as he suffered temporary disablement on account of the injuries sustained on duty; he was paid medical expenses by the RTC authorities; and, accordingly, he was entitled for compensation treating the percentage of disability at 10% i.e. for a sum of Rs.9,280/- and, since he received four other simple injuries he was awarded Rs.4,000/- and Rs.1,720/- towards pain and suffering. The appellant was awarded in all a sum of Rs.15,000/-. Sri D.Kodanda Rami Reddy, learned counsel for the appellant, would fault the order of the Tribunal for reducing the percentage of disability from 20% to 10%. He further submits that the compensation of Rs.1,720/- awarded towards pain and suffering was extremely low and necessitates increase. Smt. W.V.S.Rajeswari, learned Standing Counsel for the respondent-Corporation, would submit that, since the appellant was treated as ‘on duty’ and his medical expenses were reimbursed, the order of the Tribunal does not necessitate interference. On the question of percentage of disability the Tribunal noted that the Doctor, who was examined as P.W.2, had given his opinion based on clinical examination, the X-ray report and the wound certificate; the appellant had not taken the disability certificate from the Doctor who had treated him or from the Medical Board and, in such circumstances, the percentage of disability was reduced from 20% to 10%. The order of the Tribunal in this regard cannot be faulted. However, the compensation of Rs.1,720/- awarded towards pain and suffering is extremely low. The Tribunal has not chosen to assign any reasons as to the basis on which it has arrived at this sum of Rs.1,720/- towards pain and suffering. I consider it appropriate, therefore, to enhance the amount payable towards pain and suffering caused to the appellant by a further sum of Rs.5,000/-. The appellant shall, therefore, be entitled for a overall compensation of Rs.20,000/- on all counts. He shall also be entitled to receive interest at 7.5% per annum on the enhanced compensation of Rs.5,000/-. The Civil Miscellaneous Appeal is, accordingly, allowed to the extent indicated above. No order as to costs. ______________________________ RAMESH RANGANATHAN, J. 2nd September 2010 CVRK