HON’BLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.3523 of 2003 JUDGMENT: This Civil Miscellaneous Appeal is filed by the appellant- petitioner against the order and decree dated 27.06.2003 in O.P.No.245 of 2002 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Karimnagar. 2. The brief facts of the case are as follows: The petitioner was working as a Cleaner on the lorry bearing No.ABK-9079. On 15.12.2000 after unloading the coal, the petitioner and R.1 were coming with the lorry and when they reached near Chandrayangunta, Hyderabad where the lorry was stopped and the petitioner was standing backside of the lorry and without any signal to the driver to proceed, the driver of the lorry suddenly took the lorry in reverse direction negligently hitting the petitioner and the back left wheel of lorry ran over the left foot of the petitioner causing crush injury on his left foot. On a complaint, the police, Chandrayangutta, Hyderabad registered a case in Crime No.269 of 2000. Immediately, the petitioner was shifted to Osmania Hospital, Hyderabad on 15.12.2000 itself and he was treated as inpatient and also admitted in Surya Hospital, Godavarikhani for better treatment. He spent huge amount and he was bedridden for two months. On account of the accident, he was unable to perform normal duties, he was earning Rs.2,000/- per month besides daily batta @ Rs.100/- per day. He claimed compensation of Rs.1,50,000/-. 3. First and second respondents remained ex parte and third respondent 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 vehicle Ashok Lyeland lorry bearing No.ABK 9079 by its driver? 2. Whether the petitioner is entitled to compensation and if any to what amount and from whom? 3. To what relief? 5. On behalf of the petitioner-claimant, PW.1 the petitioner and P.W.2 the Medical Officer were examined and Exs.A1 to A9 were marked. On behalf of the respondents, Ex.B.1 was marked and no oral evidence was adduced. 6. On the basis of the material on record, the Court below awarded a compensation of Rs.60,000/-. Aggrieved by the compensation, the petitioner filed the present appeal. 7. Now, the point for consideration is whether there are any grounds for allowing the appeal? 8. On account of accident, the petitioner suffered crush injury of his left foot as the lorry ran over on his left foot. He claimed that he spent Rs.1,00,000/- for treatment. PW.2, the Medical Officer stated that he treated the petitioner in a private hospital. He was having crush injury with compound communnated fracture of left foot, he sustained fracture of first metatorsal and torsel bone, with dislocation of 2 and 3 TP joints. He was inpatient for about two months. He was operated emergency debridement KY fixation was done charging Rs.15,200/- for his treatment. 9. On 18.11.2000 it was recorded that as the medical report of the appellant, who is said to have suffered crush injury of left foot is not clear, the petitioner was directed to be present personally to verify his physical condition. 10. Today, the petitioner is present and it is found that his left foot is badly deformed on account of the crush injury and there is definite difficulty in walking. He must have spent substantial money for treatment. Hence, he is entitled for compensation towards pain and suffering, loss of amenities in life on account of deformed left foot that causes disturbance in his movements and which would also causes loss in his earning capacity. 11. Considering these circumstances, it is a fit case for enhancing the compensation from Rs.60,000/- to Rs.1,50,000/- as claimed by the petitioner. 12. Accordingly, the Civil Miscellaneous Appeal is partly allowed, the rate of interest on the enhanced amount of compensation shall be at 6% per annum. The petitioner can withdraw one fourth of the enhanced amount as and when deposited and the balance after (3) years. ______________________ P. SWAROOP REDDY, J. 29th November 2010, PNV