THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1387 OF 2002 DATED 24-6-2010 Betweeen: 1. Kodidala Peda Venkateswara Rao, S/o.Kotiah & D. Rama Raju, S/o.Surapa Raju & another THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1387 OF 2002 JUDGMENT: This appeal is filed by the claimant aggrieved by the award dated 19- 12-2001 passed in MVOP No.905 of 1998 by the Motor Accidents Claims Tribunal-cum-Ist Addl. District Judge, Guntur. The claimant-appellant herein made a claim for Rs.1,00,000/- on account of the injuries sustained by him in the motor accident involving the accident lorry bearing registration No.AP 31T 3123 on 30-6-1996. 2. The case of the appellant is that on the fateful day he was travelling in the accident lorry as its cleaner and the driver of the accident lorry drove the lorry in a rash and negligent manner with high speed and hit a stationed lorry near Murari, Gandepalli Mandal, East Godavari District, due to the impact of the same, the claimant sustained grievous injuries including fracture, dislocation of right hip joint. The complaint filed by the appellant before the concerned Police is marked as Ex.A-1, charge sheet is marked as Ex.A-2. 3. The Tribunal, by the impugned order allowed the MVOP in part and awarded a sum of Rs.65,600/- with interest at 9% per annum from the date of petition till realization. 4. Heard the learned counsel for the appellant and the learned counsel for the insurance company. Perused the impugned award passed by the Tribunal. 5. In the instant case, it is not in dispute that the claimant sustained injuries in the accident involving the accident lorry bearing registration No.AP 31T 3123. As to the culpability in causing the accident, it has come in the evidence of the claimant that when he was travelling in the said lorry, the driver drove the lorry in rash and negligent manner and dashed the stationed lorry, as result of the same, he sustained grievous injuries including fracture, dislocation of right hip joint, and that finding arrived at by the Tribunal, in the absence of any rebuttal evidence adduced by the respondents, does not warrant any interference by this Court. 6. Now coming to the question of award of just compensation, to prove the nature of injuries, the claimant examined PW-2 Dr.V.Somanadham, Professor of Orthopedics, Siddartha Medical College, Vijayawada, who deposed that there was reduction of hip joint dislocation and it would be difficult for the claimant to work as Cleaner of the lorry. As per his assessment, the claimant sustained permanent disability to an extent of 25%. It has come in the evidence of PW-1-claimant that he was earning Rs.1,500/- per month. It is not in dispute that as on the date of the accident, the claimant was working as Cleaner in the accident lorry and, therefore, there is no reason for disbelieving his version. The claimant was aged 28 years at the time of the accident, the appropriate multiplier as per the judgment of the Supreme Court in SARLA VERMA v. DELHI TRANSPORT CORPORATION (2009 (6) SCC 121), is ‘18’. By applying the multiplier ‘18’ and taking his monthly income at Rs.1,500/-, the claimant is entitled to a compensation of (Rs.1,500/- x 12 =18,000 x 18 = Rs.3,24,000 – 75%) Rs.81,000/- towards 25 % permanent disability. The claimant is also entitled to a sum of Rs.15,000/- towards pain and suffering and Rs.4,000/- towards medical expenses and extra nourishment, totalling to Rs.1,00,000/- with interest at 7.0 % per annum from the date of petition till realization. 7. In the result, appeal is allowed in part and the impugned award passed by the Tribunal stands modified accordingly. No costs. _____________________ Ghulam Mohammed, J Dated 24-6-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.1387 OF 2002 24-6-2010