THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.2044 of 2003 JUDGMENT: This civil miscellaneous appeal is filed by the petitioner- claimant against the judgment and decree of the Motor Accidents Claims Tribunal, Nalgonda, in O.P.No.1149/2001, dated 11.07.2002. 2. Heard. 3. The brief facts are as follows: On 18.08.2001 when the petitioner-claimant was going on road by walk at Munagala, near Solipuram Narsi Reddy shop Tata Van bearing No.AP.24.T.9186 came in high speed in a rash and negligent manner and dashed against the petitioner. As a result, he fell down and van ran over his right leg and he received grievous injury and his leg was amputated upto right thigh. He was aged 40 years and earning Rs.3,000/- per month as a cook in a hotel. He claimed compensation of Rs.2.00 lakhs. The first respondent remained exparte and the second respondent insurance company filed its counter denying the petitioner averments. 4. On the basis of the pleadings, the following issues were framed: 1. Whether the petitioner sustained injuries in the Motor Vehicle Accident, and if so, whether the accident occurred due to the rash and negligent driving by the driver of the Van bearing No.AP.24.T.9186? 2. Whether the petitioner is entitled to any compensation, If so, to what amount and by whom it should be paid? 3. To what relief? 5. On behalf of the petitioner, P.W.1 was examined and Exs.A1 to A8 were marked. On behalf of the respondents, no oral evidence was adduced and Ex.B1 insurance policy was marked. On the basis of the material on record, the court below granted compensation of Rs.1.00 lakh. Aggrieved by the above quantum, the present appeal is filed by the petitioner-claimant. 6. Now, the point for consideration is whether there are any grounds to enhance the compensation? 7. According to the finding of the court below as recorded in Para 7 of the judgment impugned, the petitioner filed discharge summary, Ex.A3, which shows that he was admitted on 19.08.2001 in Charithasri Hospital and was discharged on 30.08.2001. There was amputation of right leg. Evidently, the petitioner was aged 50 years, as per discharge summary, Ex.A3. He has not produced any material to show that he was earning Rs.3,000/- by working as a cook in a hotel, as such, his income should be taken at Rs.900/- as a labourer and the loss of earnings are difficult to be calculated in view of the age of the petitioner. Therefore, a sum of Rs.25,000/- was granted for pain and suffering, Rs.15,000/- for medical expenses and Rs.60,000/- towards disability and loss of earnings. Thus, a total of Rs.1.00 lakh was awarded as compensation to the petitioner-appellant. 8. As contended by the learned counsel for the appellant, the amount of compensation of Rs.1.00 lakh awarded in total is inadequate. It is a case of 45 years old person suffering amputation of right leg above knee, which causes inconvenience throughout his life loosing so many amenities in life. His income drastically comes down and he must have suffered pain at the time of accident and at the time of amputation and treatment and he must have spent money for treatment and attendant charges and extra nourishment etc. Thus, granting of an amount of Rs.25,000/- towards pain and suffering and Rs.15,000/- towards medical expenses may be reasonable. But, nothing was granted towards attendant charges and extra nourishment. It is a case, where the petitioner requires assistance through out his life for several things. Considering all these circumstances, it is a fit case to award the total compensation of Rs.2.00 lakhs claimed by the petitioner-claimant. 9. The C.M.A. is accordingly allowed and the compensation is enhanced from Rs.1.00 lakh to Rs.2.00 lakhs. Interest on the enhanced amount of compensation shall be at 6% per annum. The enhanced amount of compensation shall be kept in fixed deposit and the petitioner shall be entitled to withdraw the interest every month and the principal amount shall be payable to the petitioner after five years from the date of deposit. No costs. ______________________ P. SWAROOP REDDY, J. 30th December 2010, Rns