THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.4017 of 2004 JUDGMENT The appellant-claimant filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act’) against the order, dated 31.07.2004, passed in O.P.No.487 of 2002 by the learned II Additional Metropolitan Sessions Judge-cum-XVI Additional Chief Judge, Hyderabad. 2. The claimant sustained injuries in a motor accident occurred on 13/14.11.2001 at about 1.20 AM, near HMT Company, Jeedimetla, Hyderabad, due to rash and negligent driving of the driver of scooter bearing No.AP 9AJ 2188. He filed O.P.No.487 of 2002 claiming compensation of Rs.2,50,000/- against respondents 1 and 2 being owner and insurer, respectively, of the crime vehicle. Both the respondents filed counter affidavits denying the allegations made in the claim petition. By the order impugned, the Court below awarded compensation of Rs.61,900/-with proportionate costs payable by respondent Nos.1 and 2 jointly and severally with interest at 9% per annum from the date of the petition till the date of realisation. Dissatisfied with the quantum of compensation, the appellant-claimant filed this appeal. 3. Heard the learned counsel for the appellant and the learned counsel for respondent No.2. 4. Learned counsel for the appellant-claimant contended that the Court below ought to have considered Ex.A5-medical bills, amounting to Rs.77,000/- and odd, and it awarded only a sum of Rs.15,000/-. He further contended that the Court below erred in assessing 15% disability instead of 40% as per Ex.A7-disability certificate and awarded less compensation to the claimant. Thus, he prays to enhance the compensation. 5. Learned counsel for respondent No.2-insurer contended that Ex.A7-disability certificate was issued after 11 months of the accident and that P.W.2-doctor, who issued the said certificate admitted as to non-examination of medical reports of the claimant before issuing the said certificate. 6. There is no dispute with regard to rash and negligent driving of the driver of scooter at the time of accident. The dispute is only with regard to the quantum of compensation awarded by the Tribunal. The evidence of P.W.2-Doctor, who issued the disability certificate-Ex.A7, shows that the claimant is limping and he cannot bend right knee beyond 20 degrees and there is restricted movement of right knee joint and he cannot sit and squat and that there is also disfiguration on his face and he cannot walk without stick and that as per macbrides scale, he assessed the permanent physical disability at 40%. Therefore, considering the evidence of P.W.2 coupled with Ex.A7-disability certificate, I deem it appropriate to assess the physical disability of the claimant at 20%. As per the material on record, the claimant was aged 45 years and earning a sum of Rs.3,000/- per month as hotel supplier. As per the decision of the Apex Court in SARALA VERMA v. DELHI TRANSPORT CORPORATION[1], the appropriate multiplier for the age group of 45 years is ‘14’. Since the accident occurred in 2001, he might have earned at least a sum of Rs.2,000/-per month and annually at Rs.24,000/- . As stated above, the claimant sustained loss of earning capacity at 20% due to disability. If the same is taken from his annual income, it comes to Rs.4,800/- and if it is multiplied with ‘14’, the compensation towards loss of earning capacity of the claimant comes to Rs.4,800 X 14=67,200/-. In addition to it, a sum of Rs.25,000/-towards medical bills and Rs.10,000/-towards pain and suffering is also awarded. In total, a sum of Rs.1,02,200/- is awarded to the claimant towards compensation. Thus, the compensation awarded by the Court below is enhanced from Rs.61,900/- to Rs.1,02,200/- The order of the Court below in all other aspects shall remain unaltered. The enhanced compensation amount shall carry interest @ 7% per annum from the date of the petition till realization. 7. With the above modification, the Civil Miscellaneous Appeal is allowed in part. No costs. _____________________ GHULAM MOHAMMED, J Date:23.09.2010 sj [1] (2009) 6 SCC 121