HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.2066 OF 2002 JUDGMENT: Being dissatisfied with the quantum of compensation, claimant filed this Civil Miscellaneous Appeal against the order in O.P. No.684 of 1993 dated 04-04-1996 passed by the learned Chairman, Motor Accidents Claims Tribunal – cum – District Judge, Karimnagar. 2. Claimant, a medical practitioner, suffered an accident on 22-07-1993 while he was going on his scooter as a van bearing No.AP-15-T-2412 dashed against his scooter. He suffered fracture of right elbow and right wrist apart from abrasions on the face. Hence, he claimed a compensation of Rs.1,70,800/- for the injuries suffered by him in the accident. The Tribunal after framing appropriate issued and examining the witnesses, based on the evidence on record awarded a total compensation of Rs.46,000/-, which include Rs.25,000/- for the two fractures, Rs.6,000/- towards partial disability, Rs.9,000/- towards loss of earnings, Rs.1,000/- towards transportation charges, Rs.1,000/- towards medical expenses and Rs.5,000/- towards extra-nourishment. Being dissatisfied with the quantum of compensation, claimant filed this appeal. 3. Now, contention of the learned counsel for the claimant is that claimant is a surgeon having done M.S. (General Surgery) and was running a Nursing Home and he was disabled for three months and thereafter also, his work was affected on account of fracture to his right wrist. He further contends that claimant spent substantial amount for treatement, transportation and attendants etc., as such, the compensation awarded by the Tribunal is unreasonable. 4. Learned counsel for the Insurance Company, respondent No.3, contends that compensation awarded is appropriate, since according to the evidence adduced by the claimant i.e., his income tax returns, his income was about Rs.3,000/- per month and he did not suffer substantial loss of earnings on account of his inability to attend his Nursing Home for about three months. 5. But, as contended by the learned counsel for the claimant, income tax returns may not always depict exact income and when the claimant is a General Surgeon earning a reasonable income of not less than Rs.3,000/- a month, even in 1993, he must have spent more than Rs.1,000/- towards transportation charges and substantial amount for attendants and medicines etc., and on account of fracture of wrist that too of his right hand, his work must have been substantially affected for a reasonable period, though he might not have completely bed ridden for all the time. 6. Considering all these circumstances, awarding a total compensation of Rs.75,000/- would be appropriate and the same would meet ends of justice. 7. Accordingly, the compensation awarded by the Tribunal is enhanced to Rs.75,000/- (Rupees seventy five thousand only) from Rs.46,000/-. However, on the enhanced compensation, interest shall be at 6% per annum only. Claimant can withdraw the enhanced compensation along with interest thereon soon after its deposit. 8. With the above directions, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. ______________________ P. SWAROOP REDDY, J September 23, 2010. PV