THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL No.2622 of 1999 Dated:16.11.2009 Between: Jhora Gowda. ….Petitioner And N.Chandra Rao, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL No.2622 of 1999 ORDER: The petitioner at the relevant time was aged about 45 years eking out livelihood by working as a coolie and maid servant. On 08.08.1998 at 2:30 pm when she was walking on road near Bhyripuram junction, lorry bearing No.TN 41/2 3355 dashed against her and she fell down. She suffered grievous injuries on her hips, right side of the head and right shoulder. She also suffered fracture in the right leg. She was treated at Government Hospital, Sompeta, and later shifted to Berhampur, where she underwent surgery. She instituted O.P.No.340 of 1990 on the file of the Motor Accidents Claims Tribunal – cum – District Judge, Srikakulam, claiming Rs.50,000/- as compensation. The O.P was opposed by the insurer. The appellant examined herself as P.W.1 and marked Exs.A1 to A7. Ex.A5 is the disability certificate given by Dr.B.D.Naidu, who was examined as P.W.2. Considering the evidence, learned Tribunal awarded Rs.15,000/- towards loss of income and Rs.10,000/- towards pain suffering. Feeling aggrieved by the same, the present Civil Miscellaneous Appeal is filed. This Court heard learned Counsel for the claimant/appellant and learned Counsel for the insurer. This Court also perused the original O.P in the lower Court and also evidence of P.W.1 – the appellant herein. A perusal of the same would show that she clearly asserted that she was working as a coolie and maidservant. There was no rebuttal evidence let in by the insurer to oppose or impeach such statement. Having regard to the fact that the accident occurred in August 1998, this Court is inclined to fix the daily income of the appellant at Rs.30/-. If this is taken as basis, the loss of income at 45% disability would be Rs.50,787/- (Rs.900 X 12 = 10,800 X 10.45 X 45/100 = Rs.50,787/-) taking the monthly income as Rs.900/-. In addition to this amount she would also be entitled for a conventional amount of Rs.10,000/- towards pain and suffering. Thus, she would be entitled to a total sum of Rs.60,787/-. As the claim was instituted only for Rs.50,000/-, the award is accordingly modified. The appellant would be entitled to claim interest at 6% per annum on the enhanced amount from the date of the award of the lower Tribunal. The Civil Miscellaneous Appeal as indicated hereinabove is allowed without any order as to costs. _______________ (V.V.S.RAO, J) 16.11.2009 vs