THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.917 of 2003 ORAL JUDGMENT: Heard learned counsel for the appellant-claimant. Despite service, none appeared for the respondent-A.P. State Road Transport Corporation. 2. Aggrieved by the order and decree, dated 22.8.2002, in M.V.O.P.No.898 of 1998, passed by the Chairman, Motor Accident Claims Tribunal (District Judge), Guntur (for brevity “the Tribunal”), awarding a sum of Rs.79,000/- towards compensation as against the claim of Rs.2,00,000/- for the injuries sustained by the appellant- claimant in the motor accident that occurred on 18.7.1998 at 11-20 a.m., near Krishna Nagar, Patamata, Vijayawada, due to the rash and negligent driving on the part of driver of the bus, bearing registration No.AEZ 333, belonging to the respondent-A.P. State Road Transport Corporation, the present civil miscellaneous appeal has been preferred. 3. This is a case of injuries sustained by the claimant in a motor accident. The particulars regarding the accident and the aspect of negligence are not referred to since already on record. 4. The Tribunal, after appreciating the evidence on record, both oral and documentary, and also taking into consideration the nature of injuries suffered by the claimant, awarded a total sum of Rs.79,000/- towards compensation. Having not satisfied with the same, the claimant has preferred the present appeal. 5. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 6. The injuries sustained by the claimant, who is a lady of 30 years old, are wedge compression fracture L-1 vertebral. As per the evidence of P.W.2 doctor, who treated the claimant, the claimant stayed in his hospital for 15 days and thereafter referred to N.I.M.S., Hyderabad, but no treatment was taken in N.I.M.S. The doctor assessed the disability of the claimant as 50%. Of course, there is no mention as regards the permanent nature of the disability. However, having regard to the fact that there is 50% disability, particularly when the injury was caused to the vertebrae, the injury sustained by the claimant has to be treated as permanent disability. 7. Further, while calculating the pecuniary damages, the learned Judge of the Tribunal stated that the amount determined by him is in generous terms. But, from the reasons accorded by him, it could be seen that the learned Judge estimated the income of a house-maid at Rs.300/- per month. He further pointed out that the claimant cannot be equated to a house-maid. Having observed so, the learned Judge fixed the monthly loss of earning of the claimant at Rs.200/-, which is far below the income of a house-maid. Therefore, taking into consideration the over all facts and circumstances in which the injured lady is placed in, particularly having regard to the fact that she has to take care of her house hold affairs as wife and mother, her monthly income can be fixed at Rs.600/-. If that is taken into consideration and the same is multiplied by ‘10’, the total amount towards pecuniary damages would come to Rs.72,000/-, which includes the medical expenses. The Tribunal granted a further sum of Rs.20,000/- towards suffering and Rs.10,000/- towards future treatment and surgery generously. Having regard to the facts and circumstances, I am not inclined to interfere with the fixation of those amounts by the Tribunal. Thus, the total amount of compensation payable to the claimant comes to Rs.1,02,000/- (Rs.72,000/- towards pecuniary damages + Rs.20,000/- towards suffering + Rs.10,000/- towards future treatment ). Therefore, exercising the discretionary jurisdiction, I would like to fix the total amount of compensation at Rs.1,05,000/-. 8. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.79,000/- to Rs.1,05,000/- (Rupees one lakh five thousand only). The additional amount of Rs.26,000/- (Rupees twenty six thousand only) shall carry interest at 7.5 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 08.07.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.917 of 2003 08.07.2010 (Msr)