THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1479 OF 2003 Mohd. Osman V M/s. agricultural machinery suppliers, and another THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1479 OF 2003 Oral Judgment : 1) This Civil Miscellaneous Appeal is preferred by the claimant seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal-cum- 1 Additional Chief Judge, City Civil Court, Secunderabad. 2) The facts in brief are that the appellant- claimant on 15-2-2000 at about 8.15 p.m. Maruti car bearing No.AP 1-G 5001 which was proceeding from Ranigunj cross roads towards Ranigunj Bus depot, driven with high speed in a rash and negligent manner proceeded to its extreme right and dashed against the appellant who was standing in the middle of the road at the road divider so as to cross the road, as a result of which, he fell down and sustained fracture of both legs. He was shifted to the hospital, where he was got operated and was discharged on 6-3-2000. The appellant therefore filed the above claim petition seeking compensation of Rs.3,00,000/- for the injuries sustained in the accident. 3) Before the Tribunal, the owner of the vehicle filed counter denying various averments made in the petition. The 2nd respondent insurance company also filed counter denying the various allegations made in the petition and sought for dismissal of O.P. 4) Based on the pleadings, the following issues have been framed for trial ?“ 1. Whether the accident has taken place due to rash and negligent driving of the Maruti Car bearing No.AP.10G 5001 by its driver? 2. What is the just amount that can be awarded as compensation and against whom ? 3. To what relief ? ” 5) To substantiate his case, the appellant examined himself as P.W.1 and P.Ws.2 and 3 and marked Exs.A.1 to A.10. The respondents have not chosen to examine any witnesses, but relied on Ex.B.1 copy of the insurance policy pertaining to the crime vehicle. 6) The Tribunal on consideration of the evidence came to the conclusion that the driver of the Maruti van drove it in rash and negligent manner, causing injuries to the appellant. The respondents did not choose to examine the driver of the van, and considering the circumstances of the case, I see no reason to interfere with the said finding of fact arrived at by the Tribunal. 7) With regard to quantum of compensation, the Tribunal granted Rs.20,000/- towards pain and suffering, Rs.5000/- towards purchase of steel rods, towards medicines and treatment at Rs.10,000/-. It is now contended by the learned counsel for the appellant that the Tribunal while granting amounts towards the future loss at Rs.49,5000/- and past loss at Rs.5,500/-, ought to have taken appropriate amount as per Ex.A4 salary certificate issued by Reliance Cargo Services instead of Rs.1500/- per month and also the disability certificate issued by P.W.3. It is in the evidence that the appellant-claimant sustained fracture of left foot and compound fracture of right foot and a lacerated wound over the right ankle. According to Doctor P.W.3 the disability sustained by appellant was at 40%. As per Ex.A.4 the appellant sustained compound fracture of left foot and compound fracture of right foot and a lacerated wound over right ankle and as per Ex.A.5 the appellant sustained post traumatic fracture of both bones of both legs. 8) In the absence of authenticated evidence the Tribunal rightly took monthly income of the appellant at Rs.1,500/- per month. However, since the doctor P.W.3 gave an opinion that the appellant suffered 40 % disability, by applying the multiplier of 12 instead of 11 for the age of the claimant, the total loss of earnings comes to Rs.1500 x 12 x 12 x 40% = 86,400/-. Accordingly, the amounts of Rs.49,500/- and Rs.5,500/- granted by the Tribunal on the above heads referred supra is modified and an amount of Rs.86,400/- is granted towards loss of total earnings. The others amounts granted by the Tribunal stands undisturbed. 9) Subject to above enhancement, the appeal is allowed-in part with 7.5% interest per annum from the date of petition till realization on the enhanced amount. No costs. GM, J Kk/1-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1479 OF 2003 1-7-2010