IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRDESH AT HYDERABAD. Dated this 1st day of October , 2010. Present: Hon’ble Sri Justice P. Swaroop Reddy C.M.A.No. 3081 of 2002 Between: Pedapati Jojikumar (died) by Lrs Pedapati Benjaman and others ..Petitioners And Desam Srinivasa Reddy and others ..Respondents PSR, J. C.M.ANo. 3081 of 2002 Judgment This appeal is filed by the legal representatives of the Injured, Pedapati Jojikumar (who died during the pendency of claim petition). The case of the claimant(s) is that the original claimant- injured, Pedapati Joji Kumar @ Joji Babu sustained injuries in an accident that occurred on 24.7.1999 at about 3.00 PM, while he was going to Yeleswaram village in Van bearing No.AIQ-8298. When they reached outskirts of Prathipadu village, tourist bus bearing No.AP- 7T-4492 came in opposite direction and dashed the van. The injured sustained injuries on mouth; fracture of right second toe; right foot fracture; fore head and other parts of the body. The wife of the injured died in the said accident. A compensation of Rs.1.50 Lakhs is claimed. 2. Before the trial court Respondents No.1 and 4 remained ex parte and Respondent Nos. 2, 3 and 5 filed their respective counters denying the allegations made in the claim petition. 3. On the basis of the above pleadings, the learned trial judge framed the following issues for trial: Ì) Whether the accident occurred due to the rash and negligent driving by drivers of AP-7T-4492 and tourist bus and AIQ-8298 Van? ii) Whether the petitioners are entitled to the compensation amount and if so to what amount, and fro which of the respondents? iii) To what relief? 4. On behalf of the petitioners PWs-1 to 3 were examined and Exs A-1 to 3 and Ex X-1 were marked. Copy of the policy issued by R-2 is marked as Ex B-1. 5. On the basis of the material available on record, the trial court awarded compensation of Rs.35,000-00 and aggrieved by the same the claim petitioners filed the present appeal. 6. PW-1, father of the injured (deceased – Pedapati Joji Kumar @ Joji Babu) deposed that the deceased suffered injuries on his mouth; fracture to finger; right foot and injuries all over the body. He was inpatient in the Government General Hospital, Kakinada and after discharge he has taken treatment for three months as out patient. He demised while taking treatment. He spent Rs.50,000.00 towards medical expenses. The injured was aged 30 years and earning Rs.150.00 a day. 7. The evidence of PW-3, the Medical Officer is that the injured had the following injuries: i) Sutured wound of 4cm over fore-head; ii) Full thickness laceration of upper lip at the base on columella – 10 x 2 x 1 cm; iii) Laceration of lower lip on the right side 3 x 1 x 1 cm; iv) Dento alveolar fracture maxilla; v) Fracture mandible right side of body; and vi) Compound fracture proximal phalanges of first and 2nd digits of right foot. PW-3 further deposed that the injured was operated, wherein K-Wire fixation of fracture mandible, inter maxillary fixation and soft tissue repair of face and right foot was performed and was discharged from the hospital on 11.8.1999 with advice to come for review. The case sheet (Ex X-1) also shows that the injured suffered all the injuries referred to by PW-3. 8. Thus the injuries suffered by the petitioner are very serious in nature, which are on vital parts of the body i.e., on the face and the evidence of PW-1 is that on account of the impact of the injuries the injured died later, though there is no authentic material with regard to the same, it is possible that the injuries could have hastened his death. 9. Considering all these circumstances, the petitioners shall be entitled for a compensation of Rs.25,000-00 towards medical treatment, extra nourishment and transportation etc., and another sum of Rs.25,000-00 towards pain and suffering as he suffered very serious injuries on the face causing fracture of both mandible. Apart from that he also suffered injuries on his leg. He must have been seriously disabled and even unable to eat food. Therefore, another sum of Rs.50,000-00 can be granted towards disability suffered on account of the injuries. Thus, in all, compensation of Rs.1,00,000-00 would be appropriate in this case. Accordingly, the compensation is enhanced to Rs.1,00,000-00 from Rs.35,000-00 awarded by the court below. The petitioners are entitled to interest @ 7.5% per annum on the enhanced compensation through out. The amount of compensation awarded shall be apportioned in the same proportion as ordered by the trial court. 10. In the result the civil miscellaneous appeal is allowed in part, as indicated with proportionate costs. _______________________ P. SWAROOP REDDY, J. Dated:01-10-2010. *BVS