HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.2466 OF 2000 Date:04.12.2009: Between: Ommi Ratnamma …Appellant And Pandranki Ramunaidu and two others …Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.2466 OF 2000 JUDGMENT:- This appeal is filed by the appellant/claimant challenging the Award dated 24.05.2000 passed by the Motor Accidents Claims Tribunal-cum- District Judge, Vizianagaram in O.P.No.594 of 1997 2. This is a claimant’s appeal seeking enhancement of compensation. The appellant – claimant who is said to be an agriculturalist is a woman-claimant claimed compensation of Rs.1,00,000/- in respect of the injuries sustained by her in a road traffic accident. As against the said claim, the learned Tribunal granted an amount of Rs.30,000/-. Feeling aggrieved by the same, the appellant filed this appeal seeking enhancement of compensation. 3. I have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent No. 3 – insurance company. 4. As per the evidence of PW.1, the injured that on 12.09.1997 at about 3.00 PM near RTC Complex of Kothavalasa, a lorry bearing No.AP 16 W 419 which was driven in a rash and negligent manner by the driver of the lorry, dashed the auto bearing No.AP 31 T 5434 in which the appellant was traveling as passenger, as a result of which, she sustained multiple injuries including grievous injuries which ultimately resulted in permanent disability. As per the evidence of PW.2 - doctor who issued Ex.A.3 – certified copy of the wound certificate to the injured claimant/appellant received the following injuries: 1. c/o pain right shoulder joint. 2. Clavically fracture outer 1/3rd of right clavicle. 3. c/o pain right lip. As rightly observed by the learned Tribunal, the appellant – injured failed to produce any evidence showing that she owns landed property and cultivating the land. Except her oral evidence, she has not placed any evidence regarding her avocation. However, the Tribunal considering all aspects of the matter, arrived at the opinion that the appellant can be granted an amount of Rs.20,000/- for the three injuries sustained by her and also for pain and suffering and medical expenses and apart from that she was granted a sum of Rs.10,000/- for partial permanent disability. In all the learned Tribunal granted an amount of Rs.30,000/- as compensation. 5. After examining the evidence of PW.2 – orthopedic surgeon, who was working in KG. Hospital, Visakhapatnam at relevant point of time, it is found that apart from two simple injuries, the appellant received fracture to the right collar bone, which ultimately resulted in mal-union of the right collar bone. Ex.X.2 is the X-ray, which also indicates that the appellant sustained fracture to the collar bone. According to PW.2, the Orthopedic surgeon, PW.1 even after the treatment cannot use her right hand to do any work, which she used to do previously and that she experiences pain while lifting right hand. He assessed the disability at 40%. The learned Tribunal though did not agree with the percentage of disability assessed by PW.2, held that the appellant sustained some disability and granted an amount of Rs.10,000/- towards partial and permanent disability. In the opinion of this Court, the amount granted under the said head is not adequate and in this appeal, instead of Rs.10,000/-, an amount of Rs.25,000/- is granted towards permanent disability. This apart, an amount of Rs.6,000/- (Rs.3,000/- plus Rs.3,000/-) is granted for two simple injuries. A further sum of Rs.10,000/- is granted towards pain and suffering. The appellant filed Ex.A.4 – medical bills approximately for a sum of Rs.6,000/- and the evidence of PW.2 – Orthopedic surgeon is also indicates that since all the required medicines were not available in the hospital, the appellant had to purchase some medicines from out side. Therefore, an amount of Rs.6,000/- is granted towards medical expenses. In all the appellant is granted an amount of Rs.47,000/-. The enhancement therefore, is Rs.17,000/-. The appellant – claimant is entitled for interest at 6% per annum on the enhanced amount of compensation from the date of petition till the date of realization. In the result, with the above enhancement in the compensation, the appeal is partly allowed. There shall be no order as to costs. __________________ R. KANTHA RAO,J Dated: 04.12.2009 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO. 2466 OF 2000 DATED: 04.12.2009