HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.3414 OF 2003 JUDGMENT: Being dissatisfied with the quantum of compensation awarded in O.P. No.3 of 2000 vide order dated 30-06-2003 by the learned Chairman, Motor Accident Claims Tribunal – cum – I Additional Chief Judge, City Civil Court, Secunderabad, claimant preferred this Civil Miscellaneous Appeal seeking enhancement of compensation. 2. The owner of the lorry (oil tanker) bearing No.AP9 – U – 3769 involved in the accident and its insurer are respondent Nos.1 and 2 respectively in the O.P. before the Tribunal. 3. For the sake of convenience, the parties are referred to as arrayed in the O.P. before the Tribunal. 4. The case of the claimant before the Tribunal is that on 27-04-1999 at about 1-00 PM, while he was trying to cross the road at Saraswathi Super Market, Ameerpet, Hyderabad, the lorry bearing No.AP9 – U – 3769 belonging to respondent No.1 and being driven by its driver in a rash and negligent manner and high speed, dashed against him and front wheel of the lorry passed on from his right leg, as a result, he sustained injuries to the right leg. A case in Crime No.202 of 1999 was registered by the Sanjeevareddynagar Police Station and investigated into. Immediately after the accident, he was shifted to Chaithanya Nursing Home, Ameerpet and thereafter to NIMS, Hyderabad, where he was treated as inpatient for a period of one month. Due to the injuries sustained to his right leg in the accident, he lost his right great toe. He was aged 20 years at the time of accident and was doing private service under one Bhujangarao, Ameerpet, Hyderabad, and earning a monthly salary of Rs.1,500/- per month. Hence, he claimed a compensation of Rs.1,50,000/-. 5. Respondent No.1, owner of the lorry involved in the accident, remained ex parte. 6. Respondent No.2, insurer of the above lorry, alone filed its counter denying the case of the claimant and also its liability for payment of compensation. 7. Based on the pleadings, the following issues were framed for trial by the Tribunal: “1. Whether the accident has taken place due to rash and negligent driving of the lorry bearing No.AP9U 3769 by its driver ? 2. What is the just amount that can be awarded as compensation and against whom ? 3. To what relief ?” 8. To prove his case, claimant got examined himself as PW.1 and got marked Exs.A-1 to A-8. On behalf of the insurance company, neither oral nor documentary evidence was adduced. 9. Based on the evidence on record and after an elaborate consideration of the same, Tribunal awarded a total compensation of Rs.60,000/-, which include Rs.30,000/- towards medical expenses, extra nourishment and transportation charges, Rs.20,000/- towards shock, pain and suffering and also mental agony due to the loss of great right toe and Rs.10,000/- towards disability, as against his claim of Rs.1,50,000/- against both the respondents fixing the liability for payment of compensation jointly and severally with interest at 9% per annum. Being dissatisfied with the quantum of compensation, claimant preferred this appeal. 10. Since neither of the respondents preferred any appeal, there is no need to decide the question of proving the accident and their liability for payment of compensation. 11. Now the only point that arises for consideration is whether the compensation awarded by the Tribunal to the claimant is inadequate ? 12. It is a case of loss of big toe of right leg of the claimant, who was aged about 20 years at the time of accident. He has to lead the life with the inconvenience of loss of great toe of the right leg, which would even affect his marriage prospects and also working efficiency. He spent substantial amount for treatment and he might require special type of footwear through out his life. 13. In the circumstances, I am of the view that apart from the amount awarded by the Tribunal, awarding another amount of Rs.20,000/- (Rupees twenty thousand only) to the claimant would meet the ends of justice and the same is accordingly awarded. 14. Thus, the compensation of Rs.60,000/- awarded by the Tribunal is enhanced to Rs.80,000/- (Rupees eighty thousand only). The rate of interest on the enhanced compensation shall be at 6% per annum from the date of petition till realization. The claimant is permitted to withdraw the entire compensation along with accrued interest soon after its deposit. 15. With the above enhancement in compensation and the directions, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. ____________________ P. SWAROOP REDDY, J December 23, 2010. PV