HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.2261 OF 2002 JUDGMENT: Being dissatisfied with the quantum of compensation, claimant filed this Civil Miscellaneous Appeal against the order in O.P. No.231 of 1996 dated 22-02-2002 passed by the learned Chairman, Motor Accidents Claims Tribunal – cum – I Additional District Judge, East Godavari District, Rajahmundry. 2. Appellant is claimant, respondent Nos.1 and 2 are owner and driver, respectively, of the tipper bearing No.AHT – 6116 involved in the accident, respondent No.3 is insurer of the tipper belonging to respondent No.1, respondent No.4 is driver of the APSRTC bus bearing No.AP9 – Z – 4982 and respondent No.5 is APSRTC. 3. For the sake of convenience, the parties are referred to as arrayed in the O.P. before the Tribunal. 4. The case of the claimant is that on 23-08-1995, while he was travelling from Rajahmundry to Guntur in the APSRTC bus bearing No.AP9-Z-4982 being driven by its driver, respondent No.4, near RTC Academy, Gannavaram, Krishna District, tipper bearing No.AHT – 6116, belonging to respondent No.2, being driven by its driver, respondent No.1, in a rash and negligent manner and at a high speed in the opposite direction, dashed against a lorry that was going in front of the bus and after hitting that lorry, it (tipper) dashed against the bus behind the driver’s cabin causing death of a passenger and injuries to several other passengers including the claimant, who suffered several injuries i.e., fracture of both legs and right wrist etc. Immediately, he was taken to Government Hospital, Vijayawada, where he took initial treatment and from there he was shifted to Government General Hospital, Kakinada. Hence, he claimed a compensation of Rs.1,50,000/-. 5. Respondent Nos.1, 2 and 4, who are owner, driver of the tipper and driver of the APSRTC bus respectively, were remained ex parte. 6. Respondent No.3 - New India Insurance Company Limited, insurer of the tipper, and respondent No.5, APSRTC, filed their counters denying the case of the claimant. 7. Based on the pleadings, the following issues were framed for trial by the Tribunal: “1. Whether the petitioner sustained injuries in an accident due to rash and negligent driving of the vehicle Tipper AHT.6116 by its driver, 1st respondent? 2. Whether the petitioner is entitled to compensation and if so, to what amount and from whom ? 3. To what relief ?” 8. To substantiate his case, claimant got examined himself as PW.1 and got marked Exs.A-1 to A-6. However, respondent No.4, driver of the APSRTC bus, was examined as RW.1, but no documents were marked. 9. Based on the evidence on record, the Tribunal awarded a total compensation of Rs.70,000/- to the claimant. Being dissatisfied with the quantum of compensation, claimant filed this appeal. 10. Now the point for consideration is whether there are any grounds for allowing this appeal ? 11. Claimant questions the quantity of compensation. According to him, he suffered fracture of both legs and right wrist apart from several other injuries. In spite of that, Tribunal awarded a paltry compensation of Rs.70,000/-. Ex.A-6, case sheet of the Government General Hospital, Kakinada, shows that claimant was admitted in that hospital on 28-08-1995 and was discharged on 30-09-1995, which means he was inpatient in that hospital for a month and odd and before that according to the claimant, he was inpatient in the Government Hospital, Vijayawada, for a week. Ex.A-6 shows that claimant suffered as many as nine injuries. Injury No.1 was on the middle of the forehead of 3 Cms. length, injury No.2 was on the bridge of the nose of 2 Cms., injury No.3 was on the back of the right wrist of 5 Cms. x 3 Cms., injury No.4 was on the dorsum of right foot of 4 Cms. x 3 Cms., injury No.5 was deformity of left leg and ankle, injury No.6 was on the right leg of 6 Cms. x 4 Cms., injury No.7 was on the back of right leg of 10 Cms. x 2 Cms., injury No.8 was on the middle of the left leg of 2 Cms. x 1 Cm., and (9) he suffered chest pain also. 12. Thus, it appears that claimant suffered injuries including a fracture on the bridge of the nose and the case sheet reveals that he took treatment in the Government General Hospital, Kakinada. Evidence of PW.1 is that after the accident, he was inpatient for a week in the Government Hospital, Vijayawada and thereafter he was shifted to Government General Hospital, Kakinada for further treatment, where he was inpatient for 45 days. His both legs were fractured and operations were conducted on his legs. He suffered fracture of right wrist, fracture of nasal bone and injury on his left eye. He claimed that he spent Rs.3,00,000/- for the treatment, but, he claimed only a sum of Rs.1,50,000/-. 13. The material on record reveals that claimant suffered several injuries, as such, he must have been out of work for at least 4 to 5 months and according to him he was earning Rs.6,000/- to 7,000/- per month by working as a contractor. Considering the same, he can be awarded a sum of Rs.25,000/- towards loss of earnings. Though he underwent treatment in the Government Hospital, in view of the nature of injuries suffered by him, he can be awarded at least Rs.25,000/- towards medical expenses including charges of attendants, transportation and extra-nourishment etc. Further, claimant can be awarded a sum of Rs.60,000/- towards disability and disfigurement suffered by him on account of accident as he suffered fracture of both legs, wrist, a delicate portion of the body, as well as bridge of the nose and an amount of Rs.10,000/- can be safely awarded towards pain and suffering he has undergone. Thus, I hold that claimant is entitled to a total compensation of Rs.1,20,000/- instead of Rs.70,000/-. However, as per the latest decisions, the rate of interest on the enhanced amount shall be at 6% per annum from the date of petition till realization. It is further ordered that the claimant is entitled to withdraw the entire enhanced compensation soon after its deposit. 14. With the above directions, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. ____________________ P. SWAROOP REDDY, J October 1, 2010. PV