THE HON’BLE SRI JUSTICE GHULAM MOHAMMED MACMA No.1988 of 2005 JUDGMENT: This appeal is filed against the award dated 31-12-2004 passed in OP No.894 of 2002 by the IV Additional Chief Judge- cum-MACT, City Civil Court, Hyderabad. 2. The claimant is the appellant herein. The said OP was filed by the claimant represented by his father seeking compensation of Rs.2.00 lakhs for the injuries sustained by him in the accident on 7/8-06-2001 involving motorcycle bearing No.AP 10 P 5768. 3. The facts stated are:- on the fateful day the claimant along with his friend was proceeding in an auto rickshaw and when the auto reached Tukaram gate, one Kawasaki Boxer motor cycle bearing No. AP 10P 5768 came at a high speed in a rash and negligent manner from Chenay Nursing Home towards Tukaram Gate and dashed the auto, due to which, the auto turned turtle and the inmates sustained grievous injuries. That the claimant sustained fractures and injuries and was immediately shifted to Gandhi Hospital, Secunderabad. In support of his claim, the claimant examined one G. Sudharshan, who is the father of the claimant as PW-1 and marked Exs.A-1 to A-11. The Tribunal considering the oral and documentary evidence adduced, held that the accident occurred due to the rash and negligent driving of the driver of the two wheeler in question and accordingly granted compensation of Rs.68,892/- with 9% interest per annum from the date of petition till date of realisation. Dissatisfied with the quantum of compensation granted by the Tribunal, this appeal is filed by the claimant represented by his father. 4. Heard learned counsel for the claimant and learned counsel for the second respondent-insurance company. There is no dispute as to the date and nature of the accident and claimant sustaining injuries in the said accident involving the two wheeler in question. In light of Exs.A-3 – accident register, Ex.A-1-copy of F.I.R., Ex.A-2 copy of charge-sheet coupled with the evidence of P.W.-1, the finding as regards the culpability in causing the accident warrants no interference. Coming to the question of adequacy or otherwise of the compensation granted by the Tribunal, as on date of the accident, the claimant was aged 14 years. The evidence of P.W.2-doctor working as Assistant Professor of Orthopedic in Gandhi Hospital is to the effect that the claimant sustained 10% partial permanent disability. Ex.A-3 is the accident register extracted which shows the injuries sustained by the claimant, which reads as under. i). swelling over lower 1/3rd forearm and wrist, with restricted movements in the joint and deformity over the joint. ii) swelling over the left knee joint with restricted movements and deformity over the joint. iii) an abrasion over left pinna 5. As seen from the record, no disability certificate is issued by P.W.2, even otherwise considering the nature of injuries sustained by the claimant noted above, the disability at 10% can be fixed. None was examined on behalf of the respondents. It was stated by the father of the claimant that the claimant was looking after a pan shop. As seen from the evidence of P.W.2-doctor, the claimant was treated as in patient from 09.07.2001 to 06.08.2001 for about 29 days and was operated on 28.07.2001 and he suffered two major injuries which are grievous in nature and major portion was also performed. Considering the evidence of PW2-doctor, the injuries are since grievous in nature, an amount of Rs.50,000/- is granted towards the injuries. Further it has come in the evidence that the claimant has suffered deformity on left fore arm with restrictions of terminal degrees of spination and pronation and the claimant was in hospital for considerable period and amount of Rs.10,000/- is granted towards pain and suffering, medical bills under Ex.A-3 to A-9 as granted by the Tribunal shall have to be allowed which comes to Rs.19,892/- . Since the claimant sustained injuries at a very young age, Rs.5,000/- is awarded towards loss of amenities, Rs.5,000/- towards extra nourishment, Rs.5,000/- towards future medical expenses totalling to Rs.94,892/- which is rounded up to Rs.95.000/-. In all the claimant is entitled to a sum of Rs.95,000/- as compensation with interest at 7.5% per annum from the date of petition till date of realization. 6. In the result, the appeal is partly allowed and the impugned award is modified to the extent indicated above. No costs. ________________________ GHULAM MOHAMMED, J 20-3-2011 Nrg THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED MACMA No.1988 of 2005 20-3-2011 NRG