IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.34 of 2004 Between: Battala Nageswaraiah ..... APPELLANT(S) AND Smt. R.Bharathi and another .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.34 of 2004 ORDER: Appellant filed claim petition in M.V.O.P.No.797 of 2000 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Cuddapah, seeking compensation of Rs.1,25,000/- under Section 166 of the Motor Vehicles Act, 1988, towards the injuries sustained by him in a motor vehicle accident, alleging that on 23.06.2000 while he was returning to his village on his double bullock cart after unloading paddy at Khajipet, at about 11.30 a.m. when reached near Patimeedipalli, the offending lorry bearing No.AP-03-U- 3330, belonging to the first respondent and insured with the second respondent, came from behind in a high speed without blowing horn dashed his double bullock cart resulting injuries to him. First respondent remained ex parte before the Tribunal. Second respondent filed counter denying the averments in the petition. The Tribunal framed the following issues for trial. (1) Whether the petitioner received injuries in a motor vehicle accident dated 23.06.2000 due to rash and negligent driving of lorry bearing No.AP-03-U-3330 belonging to 1st respondent? (2) Whether the petitioner is entitled for compensation, if so to what amount and from whom? (3) To what relief? On behalf of the appellant, P.Ws.1 and 2 were examined and Exs.A.1 to A.6 were marked. No oral or documentary evidence was adduced on behalf of the respondents. Considering the material on record, the Tribunal, holding that the accident occurred due to the rash and negligent driving of the offending lorry, awarded Rs.50,000/- with interest at 9% per annum from the date of petition till the date of realization to the appellant for the injuries sustained by him in the accident. Dissatisfied with the compensation awarded to him, the present appeal is by the claimant. The learned counsel for the appellant vehemently contended that the Tribunal has committed error in not awarding proper compensation. Since none has entered appearance on behalf of the second respondent, the matter was entrusted to Sri A.V.K.Prasad, and he contends that the Tribunal has granted compensation more than what the appellant is entitled to and there is no need to enhance the same. Now the point for consideration is to what compensation the appellant is entitled? A perusal of the material available on record makes it clear that the Tribunal by taking the monthly income of the appellant at Rs.2,000/- has awarded Rs.50,000/- towards compensation on all counts. The Tribunal did not specify the amounts awarded under each head. The Tribunal also took the monthly income of the appellant at a lesser rate. So, I take his monthly income at Rs.2,500/-. The evidence of P.W.2, the Doctor, who examined the appellant, would go to show that the appellant is suffering from 30% permanent disability. Since the appellant was aged 28 years by the date of accident, the appropriate multiplier applicable is ‘17’. So, the appellant is entitled to Rs.2,500/- x 12 x 30% x 17 = Rs.1,53,000/-. However, since the claim is made for compensation of Rs.1,25,000/- only, the entitlement of the appellant to the compensation is restricted to Rs.1,25,000/-. In view thereof and since no application for enhance of compensation is filed, I am of the opinion that there is no need to decide the amounts payable under other heads viz., pain and suffering, extra nourishment, medical expenses. However, considering the facts and circumstances of the case, the rate of interest on the enhanced amount shall be at the rate of 6% per annum. Therefore, the appeal is allowed. The award of the Tribunal is modified and an award is passed for Rs.1,25,000/- with proportionate costs before the Tribunal payable by the respondent Nos.1 and 2 jointly and severally with interest at 9% per annum on Rs.50,000/-, awarded by the Tribunal, from the date of petition till the date of realization and at 6% per annum on Rs.75,000/-, awarded in this appeal, from the date of petition till the date of realization. The parties shall bear their own costs in this appeal. ___________________________ GHULAM MOHAMMED, J. 12th August 2010 CVRK