THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No.1448 of 2000 Date:02.03.2010 Between: Shaik Sadul Miyan …Appellant And C.Anjaiah and another ….Respondents THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No.1448 of 2000 JUDGMENT: This appeal is filed against the order dated 20.01.1997 passed by the Motor Accidents Claims Tribunal-cum-Additional District Judge, at Nizamabad in O.P.No.535 of 1992. 2. The injured-claimant is the appellant herein. He filed the present appeal seeking enhancement of compensation. As against his claim of Rs.1,20,000/-, the learned Tribunal awarded an amount of Rs.43,000/- under various heads. The appellant contends that the amount granted by the Tribunal below is grossly inadequate and requires enhancement. 3. I have heard the learned counsel appearing for the appellant and the learned counsel appearing for the 2nd respondent- insurance company. 4. As could be seen from Ex.A-2-discharge chit issued by Gandhi Hospital, Secunderabad, the appellant was treated as inpatient for simple as well as grievous injuries sustained by him. Ex.A-3, the disability certificate also reveals that the petitioner received five simple injuries and two grievous injuries. The grievous injury is fracture of right hand and loss of three teeth. Since Exs.A-2 and A-3 were admitted by the Tribunal without any objection from the respondent-insurance company, the injuries mentioned therein can be taken into consideration for awarding compensation. However, since the doctor was not examined to prove the disability, the appellant cannot be granted any amount towards permanent disability and loss of future earnings by adopting multiplier method. But, a reasonable amount can be granted to the appellant for the injuries sustained by him. 5. For five simple injuries sustained by the appellant, an amount of Rs.15,000/- i.e. @ Rs.3,000/- per injury, can be granted. For two grievous injuries sustained by him, an amount of Rs.30,000/- i.e. @ Rs.15,000/- per grievous injury, can be granted. This apart, an amount of Rs.20,000/- can be granted towards pain and suffering. Further, Ex.A-2 indicates that the appellant was hospitalized from16.09.1992 to 19.10.1992 i.e. for a period of more than a month. Considering the income of the appellant as Rs.2,000/- per month, an amount of Rs.2,000/- can be granted to the appellant towards compensation during the period of hospitalization. An amount of Rs.1,000/- granted to the appellant towards transport charges by the learned Tribunal below being reasonable, is confirmed in this appeal. Similarly, the amount of Rs.2,000/- granted by the Tribunal below towards charges of attendant is also confirmed. In all, the appellant is entitled for compensation of Rs.70,000/-. The enhancement, therefore, would be Rs.27,000/- (Rs.70,000/- minus Rs.43,000/-). 6. In the result, the appeal is partly allowed enhancing the compensation from Rs.43,000/- to Rs.70,000/-. The enhanced amount of compensation of Rs.27,000/- shall carry interest @ 6% per annum from the date of petition till the date of realization. There shall be no order as to costs. _______________ R. KANTHA RAO, J Date:02.03.2010 CCM THE HON’BLE MR JUSTICE R. KANTHA RAO C.M.A.No.1448 of 2000 Date:02.03.2010