Point of law: If the victim of the accident suffers permanent disability, then efforts should always be made to award adequate compensation not only for the physical injury and treatment, but also for the loss of earning and his inability to lead a normal life and enjoy amenities, which he would have enjoyed but for the disability caused due to the accident.

JUDGMENT :

This is an appeal filed by the injured claimant against the award and decree dated 15.05.2006 passed by the District Judge-cum-Chairman, Motor Accident Claims Tribunal, Chittoor (herein after referred to as ‘the Claims Tribunal’) in M.V.O.P.No.105 of 2002.

2. Heard Mr. D. Vijayachandra Reddy, learned counsel for the appellant/claimant, and Mr. Gudi Srinivasu, learned counsel for the 2nd respondent-Insurance Company.

3. The appellant/claimant filed the said original petition claiming a compensation of Rs.2,00,000/- for the injuries sustained by him in a road accident that occurred on 30.05.2001. In the said original petition, it is averred that the petitioner was aged about 59 years and earning Rs.1,500/- p.m. as pension. On 30.05.2001, while the claimant was proceeding to his native village from Irala on a TVS-50 Moped, one Hero Honda Motor Cycle bearing registration No.AP 03D 9797 being driven in a rash and negligent manner by its driver came in the opposite direction and dashed against the claimant, as a result of which, the claimant fell down and sustained grievous injuries all over his body. Immediately after the accident, the claimant was shifted to the Government Hospital, Chittoor, wherein he was admitted as an inpatient for about five days and later shifted to the CMC Hospital, Vellore for better treatment and the claimant took treatment for about 27 days as an inpatient in the said hospital. The claimant underwent an operation in the CMC Hospital by spending a sum of Rs.80,000/- besides Rs.7,000/- towards other expenses. It is also averred that the claimant used to cultivate his lands and get Rs.50,000/- p.a. and as a result of the accident, he is not in a position to cultivate the lands personally. While setting out the details with regard to the treatment and the operation undergone by him, the claimant claimed an amount of Rs.2,00,000/- towards compensation. In support of his case, the claimant examined himself as P.W.1 and the Doctors, who treated him and conducted operation, as P.Ws.2 to 4. Exs.A.1 to A.12 were also got marked on behalf of the claimant. Exs.X.1 and X.2 i.e., copies of wound certificate and discharge summary issued by the CMC Hospital, Vellore, were marked through P.Ws.3 and 4, respectively.

4. Though the 2nd respondent-Insurance Company filed its counter/written statement resisting the claim of the claimant, no oral or documentary evidence was adduced on its behalf.

5. The Claims Tribunal, after going through the material on record and examining the oral and documentary evidence, awarded a sum of Rs.59,000/- towards compensation together with interest @ 9% p.a. from the date of petition till realisation. Aggrieved by the said award, the claimant preferred the present appeal.

6. Learned counsel for the appellant/claimant inter alia contended that the claimant sustained grievous injuries to the skull, femur etc., apart from simple injuries. He submits that initially, the claimant was admitted as an inpatient in the Government Hospital, Chittoor, and took treatment for five days and later shifted to the CMC Hospital, Vellore, for better treatment wherein he was admitted as an inpatient and took treatment for 27 days. He further submits that in view of the injuries sustained in the accident the claimant underwent operations twice, rods were inserted in the right thigh and bolts were fixed. He submits that the right leg of the claimant was shortened by about 3 centimetres, as a result of the accident and further that skin grafting was done.

i) Drawing the attention of this Court to the relevant discussion of the Claims Tribunal while answering issue No.3 with reference to the injuries, surgeries and the treatment undergone by the claimant at the CMC Hospital, Vellore, the learned counsel for the appellant/claimant submits that despite ample material on record and recording findings in favour of the