HON'BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.1815 OF 2003 JUDGMENT: This appeal is filed by the claimant dissatisfied with the compensation awarded by the Motor Accidents Claims Tribunal, Hyderabad, in O.P.No.1228 of 1999 vide its order and decree dated 23-9-2002 for the injuries sustained by him in a motor vehicle accident. 2. Seethal Narender Singh @ Seethal Singh was going on his scooter bearing No.AP-10M-1535 on the left side of the road on the outskirts of Bhongir and while so, the lorry bearing No.AP-36T-3159 driven in a rash and negligent manner, came at high speed and dashed him, due to which he fell down and sustained fractures and other injuries. He was shifted to Gandhi Hospital, Secunderabad, and from there to CDR Hospital, Hyderabad. Due to the accident, his left leg was amputated. He filed the above O.P. claiming compensation of Rs.13,00,000/- from the owner and insurer of the lorry involved in the accident. The Tribunal after considering the evidence of PWs 1 to 3 and Exs.A-1 to A-20 and X-1 to X-5 on behalf of the injured and RW-1 and Exs.B-1 to B-4 on behalf of the respondents in OP, came to the conclusion that the accident occurred due to rash and negligent driving of the lorry by its driver and awarded compensation of Rs.4,00,000/- as against the owner and insurer of the offending lorry. Dissatisfied with the quantum of compensation, the injured preferred this appeal. 3. Heard learned counsel for the appellant and learned standing counsel for the respondent – insurance company and perused the record. 4. In the case on hand, there is no dispute as to the rash and negligent driving of the lorry and the finding thereof. Coming to the quantum of compensation, it is claimed that the injured was earning Rs.5,500/- per month by the date of accident by working as Cable TV Operator in addition to taking up videography. To substantite this claim, the injured had produced receipts issued by Deputy Commercial Tax officer towards payment of sales tax for the months of June and July, 1998 in respect of Sivasai Cable TV Operator. The injured had produced Ex.A-11 acknowledgment given by Income-tax office, Ex.A-12 showing the statement of income tax submitted to Income-tax Department and Ex.B-13 showing the bank challan for payment of tax. He had also produced Ex.A-14 and A-20 showing that he had undertaken videography of the function relating to a temple under Endowments Department. 5. Having regarding to the aforesaid undisputed documents, I am inclined to take the income of the injured as Rs.3,500/- per month and the annual income works out to Rs.42,000/- (Rs.3500 x 12). Ex.A- 10 disability certificate shows that the left leg of the injured was amputated and Ex.A-8 show that the amputation was upto the hip joint and the injured sustained 80% disability on account of amputation. Having taken the annual income as Rs.42,000/- and there being 80% disability, the loss of future earnings can be arrived at Rs.33,600/- (Rs.42,000 x 80/100). The deceased was aged 25 years at the time of accident and the appropriate multiplier for that age is '18' as per the decision of the Supreme Court in SARLA VARMA [1]. Thus, the loss of future earnings of Rs.33,600/- per annum calculated on a multiplier of 18, would work out to Rs.6,04,800/- (Rs.33,600 x 18). Having regard to the nature of injuries sustained by the injuried, period of treatment and the expenses during the treatment for the injuries, certainly it can be said that the injured had undergone tremendous pain and suffering and he had spent considerable sum towards medical expenses including medicines, and as such, I am inclined to grant Rs.20,000/- towards pain and suffering and Rs.10,000/- towards medical expenses. Thus, the claimant is entitled to a total compensation of Rs.6,34,800/- (Rs.6,04,800/- + Rs.20,000/- + Rs.10,000). 6. In the result, the appeal is partly allowed with proprotionate costs enhancing the compensation to Rs.6,34,800/-. The enhanced compensation shall carry interest at the rate of 7% per annum from the date of petition till payment. ____________________________ GHULAM MOHAMMED, J. 15-7-2010 bsc [1] (2009) 6 scc 121