THE HON’BLE SRI JUSTICE C.V.RAMULU C.M.A.No.3845 of 2004 ORAL JUDGMENT: This Civil Miscellaneous Appeal under Section 173 of Motor Vehicles Act, 1988 is filed by the claimant seeking enhancement of compensation. The case of the appellant-claimant in brief is that on 6.10.2001 while she was going on foot after getting down from Auto at Road No.6, Amberpet, a Scooter bearing No.AP-9Q-2055 came in a rash and negligent manner with high speed and dashed against her, due to which, she fell down and received grievous injuries and she was immediately shifted to Hospital. The Police Amberpet, registered a case in Cr.No.286/2001 under Section 337 of IPC against the driver of the said Scooter. The first respondent remained ex parte before the Court below and second respondent-Insurance Company contested the claim and filed a counter denying all the allegations. The Court below, on detailed consideration of the entire material available, came to the conclusion that the accident had occurred due to rash and negligent driving of the Driver of the Scooter bearing No.AP 9Q 2055 and granted a total compensation of Rs.1,20,900/- in favour of petitioner with interest at 12% per annum from the date of petition till the date of realization. Questioning the said order, the petitioner filed the present appeal seeking enhancement of the compensation awarded by the Court below. Admittedly, petitioner received grievous injuries and she sustained compound fracture and other injuries in the accident. According to P.W.3-Dr.Ved Prakash, petitioner suffered 25% disability and she is having half inch shortening of left leg and loss of muscles and stiffness and cannot squat on the foot, sit on the ground, to attend her duties. According to the petitioner, she is a domestic servant and earning Rs.1,500/- per month. Since there was no proof available, the Court below taken the notional income and fixed the monthly income of the petitioner at Rs.1,000/- and awarded compensation. In this regard, the learned counsel for appellant states that in these days, earning of Rs.1,500/- by a servant cannot be said to be on higher side and in the teeth of medical evidence that the petitioner suffered 25% partial permanent disability reducing her left leg to half inch. Therefore, petitioner is entitled for compensation as prayed for. I am in full agreement with the submissions made by the learned counsel for appellant that earning of Rs.1,500/- per month by a servant cannot be said to be on higher side. Therefore, the salary of the petitioner can be safely fixed at Rs.1,500/- per month. If this is taken into consideration, the loss of earnings of the petitioner for three months would comes to Rs.4,500/-. I am of the view that in a case of shortening of leg by half inch, wherein the Medical Officer fixed the disability at 25%, reducing it to 15% is most unreasonable and unwarranted. The Certificate issued by the Medical Officer is to be accepted in toto. Thus, the petitioner is entitled to Rs.54,000/- towards partial permanent disability. The petitioner is also entitled for Rs.15,000/- towards pain and suffering. The compensation awarded on other counts is not disturbed. The compensation entitled by the petitioner is enumerated as under: Rs. Ps. 1. Hospital charges. 90,000-00 2. Partial permanent disability 54,000-00 3. Pain and suffering 15,000-00 4. Loss of earnings 4,500-00 5. Transportation charges 1,500-00 -------------- 1,65,000-00 --------------- Thus, the petitioner is entitled for a total compensation of Rs.1,65,000/- with interest at 9% per annum from the date of petition till the date of realization. The C.M.A. is allowed to the extent indicated above. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 11.3.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU C.M.A.No.3845 of 2004 11.3.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU C.M.A.No.3845 of 2004 Date: 11th March, 2010 Between: T.Satyavathi .. Appellant And E.Prakash Gupta & another. .. Respondents