THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.NO. 1408 OF 2001 Date:14.12.2009 Between: Talapanuri Chandrayya …Appellant And Mohd.Dastagir and another …Respondents THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.NO. 1408 OF 2001 JUDGMENT: This appeal is directed against the order, dated 05.01.2001 passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Nalgonda in M.O.P.No.255 of 1997. 2. Challenge to the award is the quantum of compensation on the ground that it is not adequate. 3. Against the claim under Section 166 of the Motor Vehicles Act for compensation of Rs.1,20,000/-, the learned Tribunal granted an amount of Rs.50,000/- in respect of the injuries sustained by the appellant-injured-claimant in a motor accident occurred on 08.01.1997 in which his two legs were fractured. 4. I have heard the learned counsel appearing for the appellant and the second respondent-insurance company. 5. Though no disability certificate has been issued by PW-2, Dr.B.Ramakrishna who was examined on commission, he gave evidence with reference to the medico legal record relating to the appellant maintained in Osmania General Hospital, Hyderabad. As per the evidence of PW-2, the doctor, the appellant sustained fracture to both of his legs and after treatment, ultimately his great toe was removed. The appellant is said to be a tanga driver. But, except his own oral testimony, no proof has been placed before the Tribunal regarding his income. The removal of great toe cannot be said to be an impediment to the profession of the appellant and as such, it is not appropriate to grant any compensation towards loss of earnings. 6. The learned Tribunal granted an amount of Rs.10,000/- to each fracture (Rs.20,000/-) and an amount of Rs.25,000/- towards removal of great toe and a further sum of Rs.5,000/- towards pain and suffering. The amount awarded by the Tribunal in the opinion of this Court is not adequate and it needs enhancement in this appeal. For the permanent disability sustained by the appellant, an amount of Rs.50,000/- can be granted and a further sum of Rs.15,000/-can be granted towards pain and suffering. In all, the appellant is entitled to an amount of Rs.65,000/-. Thus, the enhancement of compensation in this appeal would be Rs.15,000/- . The appellant-claimant is entitled to interest @ 6% per annum on the enhanced amount from the date of petition till realization. 7. Accordingly, the appeal is partly allowed. There shall be no order as to costs. ________________ Date:14-12-2009 R.KANTHA RAO, J CCM THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.NO. 1408 OF 2001 Date:14.12.2009