THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A. C.M.A. No. 845 of 2008 Oral Judgment: (Per N.V. Ramana, J.) This appeal is directed against the judgment dated 11.12.2007, passed by the VII Additional Metropolitan Sessions Judge-cum-XXI Additional Chief Judge, Hyderabad, awarding compensation of Rs.1,70,000/- to the appellant with 6% future interest per annum from the date of petition till the date of realization as against his claim for Rs.15,00,000/-. The learned counsel for the appellant submitted that the appellant sustained injuries on the face and to right femur and humorous bones in the accident. Due to the injuries, his face is disfigured and he is unable to move his right arm. The Doctor, who treated the appellant, assessed his disability at 30%, which is permanent. He further submitted that the appellant is a young boy, and because of the disability suffered by him, his prospects of getting married are lost. He further submitted that considering the nature of injuries and disability, the appellant is entitled to the compensation as claimed by him, but the Court below committed an error in granting meagre compensation and not granting any compensation towards extra nourishment, transportation etc. On the other hand, the learned Standing Counsel for respondent No.2-Insurance Company submitted that the disability suffered by the appellant is only temporary. Considering the nature of disability suffered by the appellant, which is temporary in nature, the Court below granted Rs.1,70,000/-, and the same cannot be said to be very meagre, warranting enhancement. He thus prayed that the appeal be dismissed. Heard the learned counsel for the appellant and the learned Standing Counsel for respondent No.2-Insurance Company and perused the judgment under appeal. Respondent No.1 remained ex parte before the Court below and did not also enter his appearance before this Court. As can be seen from the evidence on record and the judgment under appeal, the appellant who is a student, suffered multiple injuries in the accident. He was treated by Neuro Surgeon, Dental and Facio Maxillary Surgeon and Ortho Surgeon. The appellant sustained fracture of mandible bone in the face and defuse brain edema and encephalic bleeding. He was on life support system at OGH for three days. He was operated for the injuries sustained by him. The appellant needed post-operation care. The appellant, though contends that he has suffered 30% permanent disability, the fact remains, Ex.A12 filed by the appellant shows that the appellant suffered 30% disability, which is temporary in nature. Though the Court below considering the nature of injuries suffered by him in the accident and the nature of disability suffered, which is temporary in nature and considering the time spent by him in the hospital towards treatment etc. awarded Rs.1,00,000/-, we are of the opinion that another sum of Rs.25,000/- can be granted towards the disability suffered by the appellant. Thus making it to Rs.1,25,000/- . The Court below awarded Rs.20,000/- towards pain and suffering. Considering the fact that the appellant was in hospital for 14 days and also continued taking post-operative treatment, we are of the considered opinion that another sum of Rs.20,000/- can be granted towards pain and suffering, thus making the compensation to Rs.40,000/. The Court below granted Rs.50,000/- towards incidental expenses, and even though the appellant claimed compensation towards transportation, we see no reason to grant separate compensation towards transportation. Given the nature of injuries sustained by the appellant, he needs extra nourishment. As the Court below did not grant any compensation under the head extra- nourishment, we feel that an amount of Rs.25,000/- can be granted towards extra nourishment, and accordingly grant the same. Thus in all, the appellant is entitled to compensation of Rs.2,40,000/-. Accordingly, the appeal is partly allowed enhancing the compensation from Rs.1,70,000/- to Rs.2,40,000/-, which the respondents shall pay to the appellant along with proportionate costs with future interest at 6% per annum from the date of petition till the date of realization. ________________ N.V. RAMANA, J. ____________________ P. DURGA PRASAD, J. Dated: 8th August, 2011 KSR