THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.1968 OF 2002 JUDGMENT: This civil miscellaneous appeal is filed by the claimant, who suffered injuries in a motor vehicle accident. He filed M.V.O.P.No.789 of 1999 on the file of the II Additional District Judge-cum-Chairman, Motor Accidents Claims Tribunal, Kurnool, where a compensation of Rs.66,611/- was granted as against the claim of Rs.2,00,000/-. 2. Heard. 3. The claim of the petitioner is that he was aged 42 years, working as driver in Education Department on a salary of Rs.6000/- per month. On 18.05.99 while he was driving the zeep at 3.15 p.m. on N.H.7 road near Obulapuram metta, the lorry bearing No.APM 2221 came in opposite direction and dashed the zeep killing the District Educational Officer on the spot causing injuries to the petitioner and an attender of the department. The petitioner took treatment at G.G.H., Kurnool for two months. Even after discharge, he was on rest. On account of fracture of leg, he is unable to walk. Due to head injury, he lost memory power. He suffered fracture to ribs causing discomfort in breathing. He spent Rs.25,000/- for treatment. He claimed compensation of Rs.2,00,000/-. First respondent remained exparte. Second respondent filed counter denying the petition averments. On the basis of the material on record, the following issues were framed: 1. Whether the accident occurred due to the rash and negligent driving of lorry bearing No.APM 2221? 2. Whether the petitioner is entitled for compensation and if so to what amount and against which of the respondents? 3. To what relief? On behalf of the petitioner, P.Ws.1 and 2 were examined and Exs.A1 to A9 were marked. On behalf of the respondents, Ex.B1 copy of insurance policy was marked. 4. Considering the material on record, the learned Judge granted compensation of Rs.45,600/- towards loss of earnings for the period he underwent treatment. Rs.9,000/- towards pain and suffering, Rs.7,000/- towards medical expenses and Rs.5,000/- towards amenities and disabilities. Aggrieved by the above quantum, the present appeal is filed. 5. Now, the point for consideration is whether there are any grounds for allowing the appeal? 6. The medical certificate reveals that the petitioner suffered deformity of right lower leg above knee and there was fracture of 5th and 7th ribs and there were other injuries, which were not serious. Thus, it is a case of fracture of right leg and fracture of two ribs. He was out of employment for 228 days. As such, the compensation of Rs.45,600/- granted towards loss of earnings during the period of treatment is appropriate. Compensation of Rs.9,000/- towards pain and suffering, Rs.7,000/- towards medical expenses, Rs.5,000/- towards loss of amenities are all on lower side and as the petitioner had not attended to work for 228 days, he must have suffered for most of that period and he must have spent substantial money for treatment and attendants and extra nourishment etc. Though the petitioner is still working as driver he would have naturally suffered loss of certain amenities in life, as he was only 42 years old at the time of accident. Considering these circumstances under all these heads put together, another amount of Rs.25,000/- can be awarded. Thus, the compensation is enhanced from Rs.66,611/- to Rs.91,611/-. 7. The C.M.A. is accordingly partly allowed. The petitioner shall be entitled for interest at 6% per annum on the enhanced amount from the date of petition till the date of payment. The petitioner can withdraw the entire amount as and when deposited. No order as to costs. ______________________ P. SWAROOP REDDY, J. 23rd September 2010, Rns