THE HON’BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.2712 of 2006 JUDGMENT: Aggrieved by the order and decree, dated 10.10.2006, passed in O.P.No.155 of 2003 on the file of the III Additional Metropolitan Sessions Judge-cum-XVII Additional Chief Judge, Hyderabad (for brevity ‘the Tribunal), whereunder a sum of Rs.2,61,639/- was awarded as compensation for the injuries sustained by the appellant in a motor vehicle accident, the present appeal is filed. The appellant-claimant filed the claim petition alleging that on 14.11.2002, at about 12.30 pm., while he was proceeding from Kulcharam Village towards Nizamabad on his motor cycle bearing No.AP 36 D 9698 and after passing away 4 kms from Yellareddy Village, a lorry bearing No.HR 46 A 7455 coming in the opposite direction in a rash and negligent manner dashed against him, as a result, he fell down and sustained fracture to both bones of right leg, fibula fracture U/3 displaced and later, he underwent surgery by way of rod fixation and that due to the fracture, his movements are restricted, right leg became shortened and he is unable to fold the legs, resulting in his permanent disability. Hence, he filed the claim petition claiming compensation of Rs.4,00,000/-. Learned counsel for the appellant-injured contended that the Tribunal has erred in weighing the gravity of the injuries sustained by the claimant in the said accident; in assessing the loss of earnings of the claimant due to the permanent disability suffered by him and hence, prays to enhance the compensation awarded by the Tribunal. On the other hand, learned Standing Counsel for the second respondent-claimant contended that the Tribunal took the evidence adduced by the claimant from a right perspective and awarded compensation, which is just and reasonable and hence, the same does not warrant any interference by this Court. In view of rival contentions of the learned counsel appearing on either side, the points to be determined in this appeal are - (1) Whether the compensation awarded by the Tribunal is just and reasonable? (2) If not, whether the same is liable to be enhanced? POINT Nos.1 and 2: - I have perused the entire oral and documentary evidence on record scrupulously. The factum of the appellant-claimant sustaining fracture to both bones of his right leg is evidenced by Ex.A-4-discharge certificate, Ex.A- 10-photographs and Ex.A-11-disability certificate, coupled with the evidence of P.W-2, who is the Professor of Orthopedics. P.W-2 on examination of the claimant found that he had old compound fracture on both bones of right leg and that there is ‘Chronic Osteomyelitis’ of right tibia and skin grafting was also done. P.W-2 issued Ex.A-11-Disability certificate stating that the claimant sustained 30% functional disability. But, however, as P.W-2 is not the doctor who actually treated the appellant for the injuries suffered by him in the accident, the disability sustained by the claimant can be taken at 25%. Ex.A-9-Pay slips filed by the claimant shows that he is working as Police Constable in Kulcharam Police Station drawing a gross salary of Rs.4,327/- per month. Thus, after the standard deductions are made, his salary can be taken at Rs.4,000/- per month, which works out to Rs.48,000/- per annum. As the claimant sustained 25% permanent disability, he is entitled to 25% of Rs.48,000/- i.e., Rs.12,000/- which is to be multiplied with the appropriate multiplier of ‘18’, which comes to Rs.2,16,000/- towards the permanent disability. In addition to the said amount, he also entitled to Rs.20,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities, Rs.5,000/- towards incidental expenses, Rs.17,700/- towards medical bills, which is established by Exs.A-5-medical bills and Rs.5,000/- towards extra nourishment and the total of compensation under all the said heads is Rs.57,700/-. Thus, the claimant is entitled to a total compensation of Rs.2,73,700/-. Accordingly, the appeal is allowed in part and the impugned order of the Tribunal is modified, enhancing the compensation from Rs.2,61,639/- to Rs.2,73,700/-. The compensation enhanced by this Court shall carry interest at the rate of 6 % per annum from the date of filing of the claim petition till the date of realization However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 17th March 2011 DR