Ravi vs The Vice Chairman And Managing ...
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            THE HON'BLE SRI JUSTICE M. LAXMAN

     MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL
                  No.3144 OF 2008

JUDGMENT:

1. The present Motor Accident Civil Miscellaneous Appeal is

filed challenging the award and decree, dated 30.07.2005 in

O.P.No.1445 of 2002 on the file of the X Additional Chief Judge,

City Civil Court: Fast Track Court at Hyderabad, (hereinafter

referred to as 'Tribunal'), seeking enhancement of compensation

by the petitioner before the Tribunal.

2. The main grievance of the appellant-injured is that the

Tribunal while awarding compensation for fracture injuries has

not fixed the appropriate compensation and discarded the earning

disability of the appellant-injured. The compensation awarded

under non-pecuniary damages is also on lower side.

3. Heard.

4. The Ex.A-4- discharge card of Osmania General Hospital

shows that the appellant-injured suffered fracture of left femur M

1/3rd and butterfly fragment and on 28.12.2001, he underwent k-

nail of left femur. He was admitted in hospital from 19.12.2001 to

07.01.2002 i.e., for nearly 20 days. The said findings are

unchallenged.

5. The Tribunal has granted medical expenses of Rs.601/- with

reference to Ex.A-5-medical bills and such findings requires no

interference and the same is hereby confirmed. The Tribunal has

granted Rs.500/- towards transportation charges and Rs.500/-

towards extra nourishment and did not grant any amount

towards attendant charges. Considering the nature of injuries

and period of hospitalization of the appellant-injured, this Court

is inclined to grant an amount of Rs.10,000/- towards extra

nourishment, transportation and attendant charges to the

appellant-injured, which shall include Rs.1,000/- already granted

by the Tribunal.

6. The Tribunal has granted an amount of Rs.2,500/- towards

temporary loss of earnings considering monthly income of

Rs.1,250/- and the period for healment as two months. The

appellant-injured was 18 years old and he claims to be working as

driver, but his driving license is not produced to prove the same.

Therefore, his claim of working as driver is rejected. However, his

services as unskilled worker cannot be ignored. The accident took

place in the year 2002, considering the same, this Court is

inclined to fix the monthly income of the appellant-injured at

Rs.3,000/-. The appellant-injured claimed that he suffered 40%

disability due to the injury. The evidence of P.W.2 shows that the

appellant-injured suffered with limb disability on account of

stiffness of left hip and kenn. The impact of such injury on the

profession of the appellant-injured was uncertain. Considering

the above disability and the injuries sustained, this Court is

inclined to take the earning disability at 10% due to impact of

injuries. The appellant-injured was 18 years old at the time of

accident and the appropriate multiplier is 18 as per the decision

of Apex Court in the case of Smt. Sarla Varma V. Delhi

Transport Corporation 1. The loss of earnings is assessed at

Rs.64,800/- which is calculated as follows:

Rs.3,000/- X 12 months X 10/100 X 18 = Rs.64,800/-

7. The amount of Rs.64,800/- granted by this Court towards

loss of earnings shall include Rs.12,500/- and Rs.2,500/- granted

by the Tribunal towards fracture injuries and loss of earnings

respectively.

8. The Tribunal has not granted any amount towards future

medical expenses. This Court feels that an amount of

Rs.10,000/- shall be awarded to the appellant-injured towards

future medical expenses.

2009 (6) SCC 121

9. The Tribunal has granted an amount of Rs.2,500/- towards

pain and suffering, which is on lower side. Hence, this Court is

inclined to grant an amount of Rs.10,000/- towards pain and

suffering, which shall include Rs.2,500/- already granted by the

Tribunal.

10. The Tribunal has also not granted any amount under the

head loss of amenities and this Court feels that an amount of

Rs.10,000/- shall be granted under the said head.

11. The total quantum of compensation comes to Rs.1,05,401/-

[medical expenses : Rs.601/- + extra nourishment, transportation

and attendant charges : Rs.10,000/- + loss of earnings :

Rs.64,800/- + future medical expenses : Rs.10,000/- + pain and

suffering : Rs.10,000/- + loss of amenities : Rs.10,000/-], the

said amount shall include the compensation of Rs.19,101/-

already granted by the Tribunal.

12. In the result, the Motor Accident Civil Miscellaneous Appeal

is partly allowed and the quantum of compensation is enhanced

from Rs.19,101/- to Rs.1,05,401/-. The enhanced amount shall

carry interest at 7.5 % per annum from the date of filing of the

O.P. till the date of realization. Respondent herein is directed to

deposit the enhanced amount to the credit of O.P. along with

accrued interest within a period of two months from the date of

receipt of a copy of this judgment. On such deposit, the appellant

is permitted to withdraw the entire amount. The enhanced

amount shall be paid to the appellant on payment of deficit Court

fee, if any. There shall be no order as to costs. Miscellaneous

petitions pending, if any, shall stand closed.

_____________________ JUSTICE M.LAXMAN Date: 27.09.2023.

GVR