THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1399 OF 2002 K. Surenderkumar V. Subagh and Investment Co., Ltd and another THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1399 OF 2002. 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- District Judge, Ranga Reddy. 2) The facts in brief are that the appellant-claimant on 9-8-1998 at about 3.00 p.m. while going on a scooter from Dilsukhnagar to L.B.Nagar near L.B. Nagar Bus Stop, an oil tanker AP 9U 4183 came in a rash and negligent manner and at high speed in opposite direction and hit against the scooter of the appellant due to which appellant sustained multiple injuries, and he was shifted to Kamineni Hospital. The appellant therefore filed O.P. seeking compensation of Rs.2,00,000/- for the injuries sustained in the accident. 3) Before the Tribunal, the owner of the lorry remained ex-parte, the 2nd respondent-insurance company filed counter denying the averments of the claim petition. On the basis of the rival claims, appropriate issues were framed and on behalf of the appellant P.Ws. 1 and 2 were examined and Exs.A.1 to A.16 were marked. No evidence was adduced on behalf of the respondents therein. 4) The Tribunal on consideration of the unrebutted evidence of the appellant-claimant coupled with Exs.A.1 and A.2 came to the conclusion that the driver of the oil tanker drove it in rash and negligent manner, causing injuries to the appellant. The respondents did not choose to examine the driver of the lorry, and considering the circumstances of the case, I see no reason to interfere with the said finding of fact arrived at by the Tribunal. 5) With regard to quantum of compensation, it has come in the evidence that the appellant-claimant was in Kamineni hospital for fifteen days where an operation was also conducted to his leg fracture. According to P.W.2 doctor the appellant was brought to the hospital on 9-8-1998 with deformity of femur. Though no percentage of disability was stated by the doctor, as per the evidence of doctor, plates and K- Nail was inserted in the leg of the appellant, and that plates have to be removed from the leg of the appellant subsequently. According to the appellant he was working as a driver of a lorry before occurrence of accident and that because of the injuries sustained by him in the accident, he is not able to drive the lorry and that sold away his lorry also. 6) Considering the nature of injuries sustained by the claimant-appellant, this court is of the view that the quantum of compensation ( i.e. Rs.40,000/- towards medical treatment and Rs.20,000/- towards pain and suffering), granted by the Tribunal is on lower side. Since the appellant has spent considerable amount towards medical expenses itself, apart from post- operated expenses, and that he could not to go for work and thus sustained loss of earning for six months, the appellant is entitled to a further sum of Rs.20,000/- towards medical treatment and Rs.10,000/ towards loss of earnings, and Rs.10,000/- towards extra nourishment and loss of amenities. 7) In the circumstances, the appeal is allowed-in part granting total compensation of Rs.1,00,000/-, with 7.5% interest per annum from the date of petition till realization on the enhanced amount. No costs. GM, J Kk/24-6-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1399 of 2002 24-6-2010