THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.1037 OF 2004 JUDGMENT: This civil miscellaneous appeal is filed by the claimant against the decree and order, dated 20.10.2003 passed by the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Chittoor at Tirupathi, in M.V.O.P.No.389/1999. 2. Heard. 3. The case of the petitioner is that on 01.05.1999 at 9.00 a.m. at Damarakunta on Pitchatur-Nagalapuram main road, the petitioner was going on Hero Honda Motorcycle bearing No.TN 21 V 3313 from Pitchatur to his native village Ramagiri, at that time the lorry bearing No.AP 26 U 1868 driven by its driver in a rash and negligent manner came in opposite direction and dashed against the motorcycle of the petitioner, on account of that the petitioner fell down and the lorry went over both his legs. He was shifted to Ramachandra Medical College and Hospital, Porur, Madras for treatment, where he took treatment for about 60 days as inpatient, where his left leg below the knee was amputated and the right leg joint was operated and iron nails were inserted and even after discharge, he took treatment in the hospital and spent huge amount for treatment. He was aged 33 years on the date of accident and earning Rs.5,000/- per month by doing commission business. He claimed compensation of Rs.8,25,000/-. First respondent remained exparte. Second respondent filed counter denying all the allegations of the petition. On the basis of the pleadings, the following issues were framed:- 1. Whether the driver of the lorry bearing No.AP 26 U 1868 drove the vehicle rashly, negligently and against the petitioner who was going on Hero Honda motor cycle on 01.05.1999 at 9 p.m. on Pichatoor-Nagalapuram road and caused injuries? 2. Whether petitioner is entitled for compensation as prayed for? 3. To what relief? On behalf of the petitioner, P.Ws.1 to 4 were examined and Exs.A1 to A10 were marked. On behalf of the respondents, Exs.B1 and B2 were marked. 4. On the basis of the material on record, the learned trial Judge awarded compensation of Rs.4,34,240/-. Aggrieved by the above quantum, the present appeal is filed. 5. Now, the point for consideration is whether there are any grounds for allowing the appeal? 6. There is no dispute about the petitioner’s left leg being amputated and of his undergoing treatment for the fracture of his right leg and about there being disfiguration of the right leg and about his hospitalization for substantial period. 7. The learned trial Judge did not believe his income to be at Rs.5,000/-per month, as there is no evidence for the same and his income was taken at Rs.65/- per day as per the A.P.Gazette No.263, dated 13.06.2000. Treating the disability at 80%, Rs.3,18,240/- was granted towards loss of earning power by applying multiplier ‘17’ as the age of the petitioner was 33 years, Rs.75,000/- towards medical bills, Rs.10,000/- towards transportation and Rs.15,000/- towards pain and suffering, awarded total compensation of Rs.4,34,240/-. 8. The learned trial Judge while awarding compensation did not pay anything extra amount towards treatment other than the bills submitted, as the petitioner must have spent money for extra nourishment and attendance etc. When he suffered such serious injuries and he was hospitalized for 60 days, he must have spent substantial money for other things. Apart from medical bills, an amount of Rs.20,000/- can be granted towards other expenditure during the course of treatment, which shall include extra nourishment and charges for attendant and towards pain and suffering only an amount of Rs.15,000/- is awarded. The petitioner suffered amputation of left leg and several surgeries for setting right his fracture of right foot. P.W.4 medical officer has spoken about the same. During that period, the petitioner must have suffered pain and not only that his life is totally handicapped not only on account of amputation of his left leg, but on account of disfiguration and malunion etc. of the right leg, which also is not in proper shape in spite of treatment as spoken by P.W.4. As such, towards pain and suffering and other loss of amenities of life on account of loss of left leg and substantial damage to the right leg, he can be granted an amount of Rs.50,000/- instead of Rs.15,000/- Thus, the petitioner is entitled for additional amount of Rs.55,000/-. 9. Accordingly, the compensation awarded is enhanced by Rs.55,000/-. Thus, the total compensation would be Rs.4,89,240/- 10. C.M.A. is accordingly partly allowed. The rate of interest shall be at 7.5% per annum on the enhanced amount from the date of petition. No order as to costs. ______________________ P. SWAROOP REDDY, J. 25th June 2010, Rns