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2008 DIGILAW 899 (AP)

Madasu Kondala Rao v. Dasari Ananda Rao

2008-10-20

K.C.BHANU

body2008
ORDER :- This appeal is directed against the order, dated 29.1.2002, passed in MOP NO. 167 of 1999 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Vizianagaram (for short 'the Tribunal') wherein and whereby an amount of Rs.50,000/- was granted as compensation to the appellant-claimant. 2. The claimant, unsatisfied with the compensation awarded by the Tribunal in the said OP, filed the present appeal seeking enhancement of the compensation. 3. The question of rash and negligent driving by the driver of the auto bearing No.AP.35T.2384 resulting in the accident remained unchallenged, since none of the respondents filed any cross-objections or appeal. 4. Now, the only point that arises for consideration in this appeal is whether the appellant-claimant is entitled for enhancement of the compensation awarded by the Tribunal. 5. Admittedly, as per EX.A2-wound certificate, the• claimant sustained four injuries, out of which, one injury i.e., fracture of left thigh is grievous in nature and the other three injuries are simple injuries. Ex.X1 is the case sheet and Ex.X2 is the X-ray. PW2, doctor in the District Medical Board, who examiner the claimant, assessed the partial permanent disability suffered by the claimant at 30% because of the fracture of femur bone, due to which, he cannot undertake long journey and also he cannot stretch his hand because of injury to left hand index finger. Admittedly, the claimant took treatment in hospital for about one month as an in-patient. The Tribunal awarded an amount of Rs.34,500/- towards the disability and Rs.12,500/- towards the injuries. 6. Admittedly, the claimant was working as a Painter and he was earning Rs.80/- per day. There would not have been any work throughout the month. However, even if he goes to work for 20 days a month, he would earn not less than Rs.1,500/- per month and accordingly, his income can be taken as Rs.1,500/- per month. 7. No amount was granted by the Tribunal towards medical expenses, transport charges and extra nourishment. 8. As the healing of fracture of the femur bone would take considerable time, the claimant would have taken extra nourishment with a hope that the fracture would be healed up and leaves no disability. Even after proper treatment, there was a mal-union of femur as per Ex.A5-X-ray as well as according to the evidence of PW2 the doctor. 8. As the healing of fracture of the femur bone would take considerable time, the claimant would have taken extra nourishment with a hope that the fracture would be healed up and leaves no disability. Even after proper treatment, there was a mal-union of femur as per Ex.A5-X-ray as well as according to the evidence of PW2 the doctor. For about six months, the claimant would have taken a special diet incurring Rs.1 ,000/- per month, therefore, an amount of Rs.6,000/- is awarded towards 2009(1) FR-F-36 179 extra nourishment. Similarly, for about six months, he would not have been in a position to discharge his regular duties such as painting works, therefore, under the head of loss of earnings Rs.6,000/- is awarded. Further, the claimant would have incurred certain expenditure towards purchase of medicines as well as for taking assistance to go to the hospital. Even after discharge from the hospital, he would have taken treatment as an out patient for a long time. Though the available medicines would be supplied by the hospital authorities, certainly the non-available medicines will have to be purchased by the claimant from outside the Hospital Pharmacy. Therefore, considering these aspects, an amount of Rs.6,000/- is granted towards the medical expenses and attendant charges. In all the compensation awarded by the Tribunal is enhanced by Rs. 18,000/-. 9. Accordingly, the civil miscellaneous appeal is allowed in part. However, it is made clear that the claimant is entitled to interest at the rate of 7.5% per annum both on the compensation awarded by the Tribunal as well as on the compensation enhanced by this Court, from the date of the petition till the date of realization. No costs.