THE HON’BLE SRI JUSTICE R.KANTHA RAO Dated this the 26th day of November, 2009. C.M.A.No. 926 of 2000. Between: K.Rajeshwar ……..Appellant vs. Gurudayala Huda and another. …….Respondents. THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No. 926 of 2000. JUDGEMENT: Heard the learned Counsel for both sides. This appeal is filed by the injured/claimant against the Award dt. 13.12.1999 passed by the Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad in O.P.No. 988 of 1997. The appellant made a claim under Section 166 of the Motor Vehicles Act before the Tribunal for a compensation of Rs. 1,00,000/- on account of the injuries sustained by him in a motor accident that occurred on 20.8.1997. Since the appeal is filed seeking enhancement of compensation, other aspects need not be adverted to. The appellant is a skilled labourer engaged in Marble floor polishing and he has two polishing machines. According to him, on 20.8.1997 he along with a pillion rider Bikshapati were proceedings towards Hayathnagar on his Scooter bearing No. AAU 5761 and when they reached Sushma Talkies, a Tanker bearing No. AP 5 U 788 came from behind in rash and negligent manner and dashed his Scooter and as a result of which, he sustained multiple injuries which include a fracture to right shoulder. It is also his version that on account of the injuries received by him, he sustained permanent disability and consequently he is not in a position to discharge his professional work of Marable floor polishing. He was aged 30 years as on the date of accident and he claimed a compensation of Rs. 1,00,000/- under various heads. Pw.3 Dr.Ramakrishna deposed in his evidence that the appellant was admitted on 21.8.1997 in Osmania General Hospital, Hyderabad with the injuries on the right shoulder, on the right thigh and on the right chest. The appellant was discharged from the hospital on 26.8.1997. He further deposed that prior to his examination, x-ray of right shoulder of the appellant was taken which revealed fracture of severe oustio arthrosis of right acromio claviclelor joint. According to Pw.3, the movement of the right shoulder of the appellant was restricted and he was unable to lift heavy weights. According to him, the appellant sustained disability of 25%, which is partial and permanent in nature. He also stated that it is difficult for the appellant to attend to his normal work. The Tribunal below though agreed on the aspect that the appellant sustained permanent disability but awarded an amount of Rs. 25,000/- for the permanent disability. The Tribunal also awarded an amount of Rs. 3000/- for the loss of earnings on the ground that the appellant might not be in a position to attend his work for a period of one month. It also awarded a sum of Rs. 1000/- towards transport charges, an amount of Rs. 3000/- towards medical expenses and extra nourishment and an amount of Rs. 6000/- towards pain and suffering. Since the disability certificate has not been filed, it is not possible to award compensation basing on multiplier method. In the absence of any disability certificate, it is not possible to accept the oral testimony of Pw.3 regarding the percentage of disability, however in the opinion of this Court, the sum awarded towards permanent disability and pain and suffering is not just and reasonable and they deserve to be enhanced in this appeal and the amounts granted under other heads need not be interfered. Instead of Rs. 25,000/- an amount of Rs. 35,000/- can be granted towards permanent disability and instead of Rs. 6,000/- an amount of Rs. 10,000/- can be awarded towards pain and suffering. The enhancement therefore would be Rs. 14,000/-. In all the appellant is entitled for a compensation of Rs. 52,000/-. In the result, the appeal is partly allowed enhancing the compensation to Rs. 52,000/- from 38,000/-. However, the rate of interest is reduced to 7.5% p.a. from 12% p.a. from the date of petition till the date of realisation. _________________ R.KANTHA RAO,J 26.11.2009. Krb. THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No. 926 of 2000. Dated this the 26th day of November, 2009.