THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.929 of 2003 Date: 08-7-2010 Between E.Krishnamoorthy Goud … Appellant/Petitioner and 1. U.K.Ramakrishna and another … Respondents/Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.929 of 2003 Oral Judgment: Despite service of notice, none appears for respondent No.1-insured. 2. Smt. Pushpinder Kaur, learned standing counsel for respondent No.2-insurer, is not present nor there is any representation on her behalf. 3. Heard Sri C.Prakash Reddy, learned counsel for the appellant-petitioner. 4. Appeal by the claimant challenging the order and decree, dated 24-02-1999, in M.V.O.P.No.37 of 1997, passed by the Chairman, Motor Accidents Claims Tribunal cum III Additional District Judge, Kurnool, Kurnool district awarding a sum of Rs.1,05,600/- towards compensation for the injuries received by him in a motor vehicle accident that occurred on 08-3-1996 due to the rash and negligent driving on the part of the driver of the offending tractor bearing No.AP21V-0875 belonging to respondent No.1. 5. The only question that arises for consideration in this appeal is -- whether the quantification of compensation by the Tribunal is reasonable or not ? 6. It is the contention of the learned counsel for the appellant that the claimant lost one eye. This fact has been spoken to by the witnesses P.W.3 and the injuries are explained through Exs.A-1 to A-3. The claimant also suffered two other injuries but they are minor in nature. 7. It is his further contention that so far as the loss of left eye of the claimant is concerned, percentage of loss of earning capacity ‘40’ is to be applied as per Schedule-I of Workmen’s Compensation Act, 1923. 8. If that is the basis, loss of earnings of the claimant would come to (Rs.2,000/- X 12 X 17 = Rs.4,08,000/- and after deducting 1/3rd of the amount from out of the said amount towards personal expenses, it comes to Rs.2,72,000/- (Rs.4,08,000/- minus Rs.1,36,000/-) and if the percentage of loss of earning capacity ‘40’ is applied to the said amount, the claimant is entitled to a sum of Rs.1,08,800/- (Rs.2,72,000/- X 40/100) instead of Rs.81,600/- as awarded by the Tribunal. 9. Accordingly, the additional sum of Rs.27,200/- (Rupees twenty seven thousand and two hundred only) now granted in this appeal shall carry interest at the rate of 7.5% per annum from the date of filing of the M.V.O.P., before the Tribunal till realisation. 10. In the result, the appeal is allowed in part. _______________________ JUSTICE D.S.R.VARMA 08th July, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.929 of 2003 08th July, 2010. (Ak)