IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRDESH AT HYDERABAD. Dated: 21---10---2010 Present: Hon’ble Sri Justice P. Swaroop Reddy M.A.C.M.A. No. 56 of 2006 Between: Routhu Raja ..Appellant And G. Sikender Basha and others ..Respondents PSR, J. M.A.C.M.A. No. 56 of 2006 Judgment This appeal is filed against the order passed by the learned Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kadapa in M.V.O.P.No. 715 of 1999. The appellant herein is the petitioner before the lower tribunal. For the sake of convenience, the parties herein would be referred to as they are arrayed before the trial court. 2. The facts of the case are that on 14.7.1999 at about 5.45 PM, the petitioner was proceeding on his TVS-50 moped bearing registration No.AP-04-B-0450 from S.N. Colony to Nethaji Junction on his personal work. When he reached Junior college, Rayachoty the lorry driven by the first respondent came in high speed, in a rash and negligent manner and dashed the TVS, causing injury to the right hand, right side of the face and leg fingers. Immediately he was shifted to the Government Hospital, Rayachoty. Thereafter he was shifted to SVRR Hospital Tirupathi for better treatment, where the right hand of the petitioner was amputated upto shoulder. In all he petitioner claimed compensation of Rs.2.00 Lakhs. 3. Respondent Nos.1 and 3 remained ex parte. Respondent No.2 filed its counter denying the averments made in the petition. 4. On the basis of the above pleadings the following issues were settled for trial: 1. Whether the petitioner received injuries in a motor vehicle accident due to the rash and negligent driving on the part of the first respondent vehicle driver on 14.7.1999? 2. Whether the petitioner is entitled for compensation and if so to what amount and from whom? 3. To what relief? 5. In support of his case, the petitioner examined himself as PW-1 and got marked Exs A-1, Certified copy of the wound certificate; Ex A-2, Certified copy of the charge sheet; Ex A-3 Medical Bills 25 in number for Rs.13,989.75; Ex A-4 – Jeep Receipts and Ex A-5 Disability certificate. The respondents got marked a copy of the insurance policy, as Ex B-1. 6. On the basis of the above material on record, the tribunal below awarded compensation of Rs.1,13,990-00. Dissatisfied with the said compensation awarded, the petitioner came in the present appeal. 7. As per Ex A-1 the petitioner sustained the following injuries: i) Crush injury or right upper limb from middle of upper arm upto wrist joint (damages and healing of the skin, exposing and damaging the muscles cut section bleeding present. ii) Contusion cum abrasion on right face 10 cm x 4 cm; iii) A lacerated injury on the occipital region 3 cm x ½ cm x bone deep. The right hand of the petitioner was amputated. Ex A-5 shows that the disability sustained by the petitioner is estimated at 70%. The petitioner is aged 21 years, earning Rs.2,700-00 per month as TV and electric motors mechanic. The petitioner is in the early stage of his life and he has long way to travel. It is submitted that due to amputation of right hand he is unable to attend his avocation as TV Mechanic and lost his employment. Even it is submitted that the petitioner has to depend on others for his livelihood. It is also submitted that on account of the injury to his face and consequent disfiguration his marriage prospects are effected. 8. Thus, taking into consideration the age of the injured, his avocation, the injuries sustained by him at the young age, the pain and suffering he underwent during the amputation of right hand, I hold that the petitioner is entitled for compensation of Rs.2.00 Lakhs, as claimed by him, which would meet the ends of justice, with interest at 6% per annum. 9. In the result, the appeal is allowed enhancing the compensation to Rs.2,00,000-00 from Rs.1,13,990.00 awarded by the tribunal below. The petitioner is entitled to interest @ 6% per annum on the amount awarded with proportionate costs. He can withdraw the enhanced compensation after three years from now. _______________________ P. SWAROOP REDDY, J. Dated:21----10---2010. *BVS