IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A.No.326 of 2006 Dated:03-08-2011 Between: K.Upender ….Appellant. And S.Gurucharan Singh Alagh and another. ….Respondents. The Court made the following: THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A. No.326 of 2006 ORDER: (per the Hon’ble Sri Justice N.V.Ramana) This appeal is filed by the claimant against the award in O.P.No.1096 of 2002 passed by the IV Additional Metropolitan Sessions Judge – cum – XVIII Additional Chief Judge, Hyderabad. The appellant is an employee in ICICI bank and he met with a road accident on 2/3.01.2002 and suffered injuries and hospitalized. Later on, he filed application seeking compensation of Rs.15,00,000/- for the injuries sustained by him. The Trial Court after taking into consideration of the material placed before it, has awarded the compensation on the following heads. 1) An amount of Rs.1,00,000/- towards shock, pain and loss of amenities of life; 2) An amount of Rs.35,000/- towards fracture of ribs; 3) An amount of Rs.15,000/- for the laceration of lever; 4) An amount of Rs.25,000/- for the right emphysema; 5) An amount of Rs.2,00,000/- towards medical and other incidental expenses; 6) Rs.1,23,500/- towards loss of income during the period of treatment. Ultimately, an amount of Rs.4,98,500/- was granted towards compensation. Aggrieved by the same, the present appeal is filed by the claimant. Learned counsel for the appellant contended that even though the appellant has spent Rs.4,00,000/- towards hospital charges and substantiated it by Ex.A.5 medical bill, the trial Court has only granted Rs.2,00,000/- on the ground that in the bill major part of the amount was with reference to room rent etc. According to the appellant, he has satisfied the Court by filing Ex.A.5 medical bill, as such he is entitled for Rs.4,00,000/- towards medical bills. Learned counsel for the appellant further contended that as per appellant’s recruitment letter Ex.A.8, his yearly salary is Rs.3,22,512/- and it comes to monthly salary at Rs.26,876/-, but the trial Court has fixed only Rs.19,000/- per month, which is erroneous finding and also he lost his salary for a period of seven and half months. As such he is entitled for the same. Learned counsel for the appellant further contended that because of the surgeries undergone by the appellant and injuries to the organs, he has to suffer pain for 5 years and he is feeling discomfort while breathing. Hence, he sought a reasonable compensation of Rs.50,000/- under the head of loss of amenities. On the other hand, the learned counsel for respondent – Insurance Company has contended that the tribunal has granted reasonable amount towards compensation and which needs no interference by this Court. Ex.A.5 medical bill establishes that the claimant has paid an amount of Rs.4,00,000/-. It is no doubt true, that some part of the bill goes towards room rent. When once the claimant admitted in the hospital, there is no other option for him except to stay in the room as he was treated one and half months in the hospital, hence there is no reason to disallow the entire bill. Accordingly, the appellant is entitled for another sum of Rs.2,00,000/- under the head of medical and incidental expenses. Similarly, as per salary certificate, his salary is Rs.26,876/- and loss of pay certificate Ex.A.11 also shows that he lost his salary for seven and half months, which comes to Rs.2,01,570/- (Rs.26,876 X 7 ½ months). Accordingly, an amount of Rs.2,01,570/- is granted towards loss of pay. Similarly, there is no dispute, when the medical report clearly establishes that the appellant has to feel discomfort while taking breath, as such a further sum of Rs.50,000/- is granted towards loss of amenities. The appeal is partly allowed and granted further sum of Rs.4,51,570/- apart from the amount granted by the trial Court. The claimant is also entitled for interest at 6% P.A. from the date of filing of the petition till the date of realization. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:03-08-2011 Ksp