THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.700 OF 2002 JUDGMENT: This Civil Miscellaneous Appeal is filed against the judgment and decree, dated 12.10.2001, passed in O.P.No.946 of 1999 by the Principal Special Judge for SPE & ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad. Case of the petitioner is that on 28.04.1999 at about 12.20 p.m. while he was proceeding as a pillion rider on a scooter bearing No.AP28 E 4467 from Jaihind hotel towards Saidabad cross roads, a lorry bearing No.AHT 7556 came in a rash and negligent manner from back side and dashed against the scooter, on account of which, he fell down and suffered serious injuries. The wheel of the lorry dragged the petitioner causing injuries including head injury. He was shifted to O.G.H. and from there to CDR hospital. On account of the accident, he suffered several problems and was unable to speak properly, was incoherent. He underwent treatment in C.D.R. hospital from 28.04.1999 to 09.06.1999. Skin grafting was done twice. Thereafter, he was admitted in Rohini Hospital, Champapet, for treatment. The second respondent filed counter denying the allegations. The first respondent-owner of the vehicle remained ex parte. On the basis of pleadings of both the parties, the following issues were framed: 1. Whether the accident resulting in injuries to the petitioner took place on 28.04.1999 at about 1220 hours near Jaihind hotel, Saidabad, due to rash and negligent driving of the driver of the lorry bearing No.AHT 7556? 2. Whether the petitioner is entitled for compensation, if so, to what amount and from whom? 3. To what relief? On behalf of the petitioner, P.Ws.1 and 2 were examined and Exs.A1 to A12 were marked. On behalf of respondents, no oral evidence was adduced, but Ex.B.1 was marked. On the basis of the material on record, the Court below granted a compensation of Rs.6,74,600/- as against the claim of Rs.8 lakhs. Out of the above said amount, the Court below granted Rs.2,64,600/- towards permanent disability, Rs.75,000/- towards pain & suffering, Rs.3,15,000/- towards medical expenses and Rs.20,000/- towards transportation, attendant charges, etc. Aggrieved by the quantum of this compensation, the appellant filed the present appeal. Now, the point for consideration is ‘Whether there are any valid grounds for enhancing the compensation and for allowing the appeal’? Heard. There is no denial of the facts that the petitioner underwent treatment in C.D.R. hospital for about 2 months, he suffered very serious injuries including loss of memory for certain period, not completely recovered from the injuries and his speech also continued to be incoherent. The photographs filed under Ex.A.12 show the extensive nature of the injuries suffered by him in his thighs and pubic area. As contended by the learned counsel for the petitioner, the life of the petitioner must have been miserable after the accident and no amount was granted by the Court below towards loss of earnings. Considering all these facts, I am of the view that it is a fit case for granting entire compensation of Rs.8 lakhs. Accordingly, the Civil Miscellaneous petition is allowed enhancing the compensation amount to Rs.8 lakhs. However, the enhanced amount shall carry interest @ 6% per annum from the date of petition till realization. There shall be no costs. _________________________ P. SWAROOP REDDY, J. 30th June 2010, sur