HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.493 of 2008 Date: 29-7-2011 Between Akula Navatha … Appellant/Petitioner and The Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director, Musheerabad, RTC ‘X’ Roads, Hyderabad and another … Respondents/ Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.493 of 2008 Judgment: Being aggrieved by the judgment and decree dated 15-11-2007 in O.P.No.209 of 2004 on the file of the Motor Accident Claims Tribunal cum II Additional District Judge (Fast Track Court), Nizamabad, Nizamabad district the present civil miscellaneous appeal is filed by the appellant-petitioner. 2. The appellant herein is the claimant in O.P.No.209 of 2004 before the tribunal below. The claimant filed the said O.P., claiming compensation of Rs.3,00,000/- for the injuries sustained by her in a road traffic accident that occurred on 04-8-2003. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.20,000/- under all heads, with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Being aggrieved, the present civil miscellaneous appeal is filed by the claimant. 3. The learned counsel for the appellant-claimant mainly urged that the tribunal below awarded meagre compensation of Rs.20,000/- against the claim of Rs.3,00,000/- wrongly holding that the claimant failed to prove the injuries, and he sought for enhancement of compensation. 4. The learned Standing Counsel for the respondents-Andhra Pradesh State Road Transport Corporation (‘the Corporation’ for short) while supporting the judgment of the tribunal below opposed for enhancement of compensation. 5. Now, the point for consideration is -- whether the appellant- claimant is entitled for enhancement of compensation ? 6 . Point:- The appellant herein is the injured in this case. Admittedly, she is aged about 18 years and she is a private tutor by profession. According to her, she sustained fracture of right leg both bones, fracture of right fore arm both bones, abrasion over right leg and right arm and injuries to head and other parts of the body in the road traffic accident. The factum of accident is not disputed. In order to prove the injuries on him, the petitioner was examined as P.W.1. The petitioner (P.W.1) got examined P.W.2 Dr. P.V.Sudhakar, Civil Assistant Surgeon, Government Hospital, Nizamabad. Through this witness, Ex.A-3 wound certificate was got marked as the doctor who issued Ex.A-3 is employed somewhere. 7. According to P.W.2, he examined the claimant on 04-8-2003 and found the following injuries: (1) Swelling and deformity over the right leg with fracture of both bones of right leg; (2) Swelling and deformity of the right fore arm with fracture of both bones of right fore arm; (3) Abrasion over right leg measuring 10 x 5 cms.; (4) Abrasion over right arm measuring 5 x 3 cms.; According to him, the injuries 1 and 2 are grievous in nature and the injuries 3 and 4 are simple in nature. 8. The tribunal below awarded only Rs.20,000/- towards pain and suffering on account of injuries, which, in my view, is disproportionate. While taking into consideration the age of the petitioner as 18 years and she being a private tutor, due to the grievous injuries noted in Ex.A-3, she has deprived of her income and may not able to attend her normal duty as private tutor. Therefore, any amount of compensation towards the said injuries will not compensate the suffering of the injured. Therefore, granting of Rs.20,000/- to each grievous injury besides granting of Rs.3,000/- to each simple injury is just and reasonable. Accordingly, an amount of Rs.46,000/- (Rs.20,000/- x 2 + Rs.3,000/- x 2 = Rs.46,000/-) is granted towards the injuries. The petitioner did not file any medical bills. However, granting of Rs.5,000/- towards medical expenses, Rs.5,000/- towards pain and suffering and Rs.5,000/- towards extra nourishment is just and reasonable in the facts and circumstances of the case on hand. The tribunal below has also granted Rs.1,000/- towards transportation charges, which, in my view, is just and reasonable. Accordingly, the claimant is entitled to the total compensation of Rs.62,000/- (Rs.46,000/- + Rs.5,000/- + Rs.5,000/- + Rs.5,000/- + Rs.1,000/-). 9. In the result, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.20,000/- to Rs.62,000/- (Rupees sixty two thousand only). The enhanced amount of compensation shall carry interest at the rate of 7.5% per annum from the date of petition till realization in the special circumstances of the case on hand. No costs. ___________________ K.S.APPA RAO, J. 29th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.493 of 2008 29th July, 2011. (Ak)