THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY M.A.C.M.A.No.569 of 2005 JUDGMENT: This civil miscellaneous appeal is filed by the petitioner- claimant against the judgment and decree of the Motor Accidents Claims Tribunal, Warangal, in M.V.O.P.No.1410/2002. 2. Heard. 3. The brief facts are as follows: On 05.09.2002 at about 11.00 a.m. while the petitioner was going to Mahammadapoor village of Duggondi Mandal on his motor cycle bearing No.AP-26AB/9084 along with one G.Suresh for attending mason work, at that time one Maruthi Zen Car bearing No.AP-36H/3546 of the first respondent driven by its driver came in opposite direction in rash and negligent manner at high speed and dashed the motor cycle, due to which, the petitioner and the pillion rider G.Suresh fell down and sustained injuries. He spent substantial amounts for his treatment. He claimed compensation of Rs.6.00 lakhs. First respondent remained exparte. Second respondent - insurance company filed counter denying the petition allegations. 4. On the basis of the pleadings, the following issues were framed: 1. Whether the accident took place due to rash and negligent driving of Maruthi Zen Car bearing No.AP- 36H/3546 by its driver? 2. Whether the petitioner is entitled for compensation? If so, to what amount and from whom? 3. To what relief? 5. On behalf of the petitioner, P.Ws.1 to 3 were examined and Exs.A1 to A35 and Ex.X1 were marked. On behalf of the respondents, Ex.B1 copy of policy was marked. On the basis of the material on record, the court below granted compensation of Rs.2,12,000/-. Aggrieved by the above quantum, the present appeal is filed. 6. Now, the point for consideration is whether there are any grounds to enhance the compensation? 7. During the course of treatment, the petitioner’s right leg was amputated above knee and as such, he became permanently disabled and unable to lead normal life also. Ex.A2 is the wound certificate, Exs.A5 and A34 are discharge cards and Ex.X1 is the case sheet evidencing the fact that the petitioner sustained two grievous injuries and one simple injury, for which he took treatment at MGM Hospital, Warangal. P.W.3 the medical officer deposed that the right lower limb of the petitioner was amputated resulting in 80% permanent disability and he also deposed that the petitioner is not able to attend normal duties with his artificial leg fixed subsequently and in the event of any future complications, he needs further surgery also. Ex.A33 Concession Certificate and Ex.A35 handicap certificate establish that the petitioner suffered 80% permanent disability. The trial Court granted an amount of Rs.15,000/- towards medical expenses and Rs.1,50,000/- towards loss of future earnings and permanent disability, which are not on lower side. However, granting an amount of Rs.2,000/- towards transportation, Rs.20,000/- towards loss of earnings, Rs.25,000/- towards pain and suffering are on lower side because the petitioner took treatment after he discharged from the hospital also and he spent some more amounts for his treatment and nothing was awarded towards extra nourishment and mental agony. In the circumstances, this Court is inclined to grant another amount of Rs.38,000/- under all other heads thereby enhancing the compensation from Rs.2,12,000/- to Rs.2,50,000/-. 9. Accordingly, the C.M.A. is partly allowed and the compensation is enhanced from Rs.2,12,000/- to Rs.2,50,000/-. Interest on the enhanced amount of compensation shall be at 6% per annum. No costs. ______________________ P. SWAROOP REDDY, J. 3rd December 2010, Rns