JUDGMENT:

This appeal is filed against the judgment and decree, dated 13.03.2009 passed in M.V.O.P.No.1578 of 2006 on the file of the Additional Metropolitan Sessions Judge for the Trial of JHCBBC-Cum-Additional Family Court-Cum-

XXIII Additional Chief Judge, Hyderabad.

2. M.V.O.P.No.1578 of 2006 was filed by the appellant/ petitioner seeking for grant of compensation of Rs.3,00,000/-, for the injuries sustained by him, but the trial Court granted only Rs.60,000/- with interest @ 7.5 % per annum from the date of petition till the date of deposit. 3. The petitioner/appellant herein contended that he is aged about 35 years and working as a driver, in fact he was a pillion rider. He met with an accident and sustained the fracture injuries i.e., Fracture of lateral condyle of right femur, Comminuted fracture of right side patella, Fracture of lateral condyle of right tibia and Fibula neck fracture on right side.

4. As per evidence of PW3, all the injuries are grievous in nature. Ex.A5 is the disability certificate issued by the Medical Board, in which the disability is assessed as 40%. PW2 was also examined by the petitioner and he assessed the disability as 45%. Both the certificates are filed before the trial Court.

5. Petitioner stated that at the time of accident he was working as a driver and earning Rs.4,000/- per month but no documents are filed to prove his occupation or income. However, considering his age and occupation, this Court finds it just and reasonable to take the income at Rs.4,000/- per month and grant sum of Rs.3,07,200/- (4000 x 12 x 16 x 40%) towards loss of earning on account of 40% disability sustained by him, towards pain and suffering Rs.15,000/-, towards loss of amenities Rs.15,000/-, towards transportation charges Rs.10,000/-, for extra nourishment Rs.10,000/-, towards attendant charges Rs.10,000/-, towards medical expenses Rs.10,000/-. Further, due to injuries sustained by him, he might not have done any work, atleast for a period of 8 months. Considering his income as Rs.4,000/- per month, this Court finds it reasonable to grant an amount of Rs.32,000/- (Rs,4000/- x 8) towards loss of earnings.

6. Therefore, appellant/petitioner is entitled for the compensation in the following terms:

7. In the result, the appeal is allowed by enhancing the compensation amount from Rs. 60,000/- to Rs.4,09,200/- (Rupees Four Lakhs Nine Thousand and Two Hundred only). Respondent No.2 is directed to deposit the entire amount with interest at the rate of 7.5% per annum from the date of filing the petition till the date of deposit, within a period of one month from the date of this judgment. On such deposit, the petitioner is permitted to withdraw the said amount along with interest accrued on it. The petitioner counsel is directed to deposit the deficit court fee on the enhanced amount. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE P.SREE SUDHA DATE: 04.04.2025 pss