THE HON’BLE SRI JUSTICE B.N.RAO NALLA C.M.A.No. 3708 of 2002 JUDGMENT: This appeal is filed by the claimants against the order dated 17.12.1998 in O.P.No.890 of 1995 on the file of the II Additional District Judge, Visakhapatnam, whereby and whereunder the claim petition was partly allowed granting compensation of Rs.32,500/- as against the claim of Rs.1,50,000/- with costs of Rs.1,000/- and interest at 12% per annum from the date of petition till the date of order. 2. The facts leading to the filing of this appeal can be summarised as follows: On 6.10.1995 the deceased was travelling by APSRTC city bus bearing No.AAZ 9932, which met with an accident near IV Town P.S. as it collided with another APSRTC bus belonging to Narsipatnam depot bearing No.AP 9 Z 8913; that his right hand was crushed and that he received grevious head injury and other grievous bleeding injuries all over his body. The IV Town P.S. registered a case in Crime No.39/95. He was shifted to King George Hospital, Visakhapatnam where he died while undergoing treatment on 5.11.1996. He was aged 20 years and earning between Rs.1500/- and Rs.2,000/- per month. 3. Initially, the injured filed claim petition claiming compensation of Rs.1.5 lakh for the injuries suffered by him in the accident, i.e. Rs.10,000/- towards loss of income during the treatment period, Rs.40,000/- towards medical expenses and hospitalisation, Rs.30,000/- towards pain and suffering and Rs.70,000/- towards permanent disability. 4. It is an admitted fact that the injured was treated as inpatient for a long period at KGH at Visakhapatnam. He underwent treatment for about a year and died thereafter. Therefore, it is contended on behalf of the appellant-claimants that the amount of Rs.10,000/- claimed in the petition till his death towards loss of income may be considered; that though medical bills were not filed the amount of Rs.40,000/- claimed under that head may also be considered in view of his prolong treatment at KGH. It is also contended that Rs.30,000/- claimed towards pain and suffering is quite reasonable since his right hand was crushed and he received grievous injury on the vital part and also grievous injuries all over his body. It is also contended that an amount of Rs.70,000/- claimed towards permanent disability may also be considered. 5. On the other hand, it is contended on behalf of respondents 3 to 5 that the deceased who initially suffered only two grievous injuries and as such, only Rs.5,000/- towards each of such injuries is permissible under Schedule II of the Motor Vehicles Act. It is further contended that the amount of Rs.10,000/- claimed towards loss of income cannot be sustained since his avocation and earnings were not proved by either oral or documentary evidence, so also the amount of Rs.40,000/- claimed under the head of medical expenses. It is also contended that though Rs.30,000/- was claimed towards pain and suffering, the lower Tribunal awarded Rs.7,500/- towards the same and the same is just and reasonable. So far as the grievous injuries are concerned, the lower Tribunal awarded lumpsum of Rs.25,000/- as against the claim of Rs.70,000/- and the same is just and reasonable. Lastly it is contended that the lower Tribunal after taking into consideration the facts of the case, has awarded reasonable amount of Rs.32,500/- under all heads and the same cannot be interfered with. 6. Heard the learned counsel on either side and perused the record. 7. It is seen that in the accident, deceased’s right hand was crushed and he received grievous injury to his head; that he also received grievous injuries all over his body and that he underwent treatment for about a year and thereafter he died. Under these circumstances, this court is of the view that the court below ought to have awarded Rs.10,000/- towards loss of income, Rs.40,000/- towards medical expenses and Rs.30,000/- towards pain and suffering. However, this court is not inclined to modify the amount of Rs.25,000/- as granted by the lower Tribunal towards permanent disability and the same has to be maintained. 8. In the circumstances, it is to be held that the appellants are entitled to a compensation of Rs.1,05,000/- (Rupees one lakh five thousand) only (i.e.Rs.10,000/- towards loss of income, Rs.40,000/- towards medical expenses, Rs.30,000/- towards pain and suffering and Rs.25,000/- towards permanent disability), with costs of Rs.1,000/- and interest at 6% per annum so far as the enhanced amount of compensation is concerned. 9. With this modification, the C.M.A. is disposed of. ​ ​ _______________ B.N.RAO NALLA,J 05-08-2010 Stp