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2008 DIGILAW 637 (AP)

Jeeru Atchappadu v. K. Brahmanandam

2008-08-13

K.C.BHANU

body2008
JUDGMENT :-Not satisfied with the compensation of Rs.41,000/- awarded by the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Vizianagaram, vide order, dated 27.9.2001, in M.V.O.P. No.594 of 1999, the present appeal has been preferred by the claimant. 2. Brief facts are that on 27.2.1999 while the claimant was going in D.B. Cart with a load of coconuts and when he reached between Perapuram and Konada, RTC bus bearing No.AP 10Z 3352 came from Srikakulam side in a rash and negligent manner with high speed and dashed the cart of the claimant, as a result, the claimant sustained grievous injuries on his right hand, right back, left back and on other parts of the body. Two bullocks died and the bullock cart was damaged in the accident. 3. The finding with regard to the rash and negligent driving of the driver of APSRTC bus remained unchallenged because none of the respondents filed any appeal challenging the same. The only question to be decided in this appeal is whether the claimant is entitled for compensation over and above the amount granted by the trial Court. 4. PW3-Doctor, who examined the claimant found the following injuries: 1. Sutured laceration present over the loin region. 2. Deformity of right forearm swelling, tenderness, crepitus, both bones of right forearm. 3. Pain over left side of mandible and 4. Bleeding nose. On 28.2.1999 X rays were taken which show fracture of both bones of right arm. On 9.3 .1999 operation was conducted by fixing steel rods and on 26.3.1999 the claimant was discharged \\ith an advice to take regular treatment and to continue medicines. Admittedly, another operation was conducted for removal of steel plate. ExA2 is the wound certificate. On 9.8.2001 again the claimant was examined by PW 1 and found that there was restriction of flexion of right wrist elbow and there is disability at 30%. There is evidence on record, which would go to show that the nature of duties of the claimant is to drive the bullock cart and when there is restriction of flexion of right wrist, certainly it would cause some disability or discomfort in discharging his duties as he was doing prior to the accident. Therefore, disability has to be suffered by the claimant throughout his life. An amount of Rs.15,000/- granted under this head is on lower side. Therefore, under this head an amount of Rs.20,000/- is granted. 5. Therefore, disability has to be suffered by the claimant throughout his life. An amount of Rs.15,000/- granted under this head is on lower side. Therefore, under this head an amount of Rs.20,000/- is granted. 5. Admittedly, the trial Court has not granted any amount towards transportation charges. The claimant is a resident of Barinikam Village, Poosapati Mandal, Vizianagaram District. He had taken treatment for about one month in K.G. Hospital, Vizianagaram. Therefore, he must have incurred some expenditure for attendant charges who must have looked after him. Even after the discharge from the hospital, he has to come to the hospital for follow-up action because healing of fracture would take considerable time. Therefore, an amount of Rs.5,000/- is granted towards transportation charges. Similarly, no amount was granted towards extra nourishment. Special diet must have been taken with a hope that injury would leave him no disability for about six months because it would take considerable time. In the first instance, operation was conducted by fixing steel rod and thereafter, steel rod was removed by another operation. Therefore, for about six months, the claimant might have taken extra nourishment or special diet. Even if he incurred Rs.l,000/- per month, for six months, he would have incurred Rs.6,000/-. Hence, an amount of Rs.6,000/- is granted under this head. Under pain and suffering, the trial Court granted only Rs.2,000/-. Admittedly, the claimant sustained fracture of both bones on right hand. Certainly they would cause unbearable pain and suffering. Two operations have been conducted on the claimant. Considering the nature of fracture, period of treatment and nature of operations conducted on the body of the claimant, Rs.15,000/- is granted under this head. Therefore, in all, the appellant-claimant is entitled to compensation of Rs.72,000/-(Rupees seventy two thousand Only) with interest at 7.5% per annum thereon, from the date of petition till the date of realization. 6. Accordingly, the civil miscellaneous appeal is partly allowed. There shall be no order as to costs.