THE HON’BLE SMT. JUSTICE RENUKA YARA M.A.C.M.A.No.330 OF 2023

JUDGMENT:

This is an appeal preferred by the appellant/petitioner aggrieved by the order, dated 07.10.2022, passed in M.V.O.P.No.3007 of 2017 by the learned Chairman, Motor Accidents Claims Tribunal-cum-X Additional Chief Judge, City Civil Courts, Hyderabad.

2. Heard both sides. Perused the record.

3. The brief facts of the case are that the appellant filed the claim petition seeking compensation of Rs.20,00,000/- with interest from the respondents jointly and severally on account of injuries sustained by him in a road traffic accident. On 06.10.2017 at 5.30 P.M., when the appellant was proceeding from Mallappa Madiga to Saipur on the way when he reached HP Petrol pump near Indira chouk, one lorry bearing No.AP.24Y 7324 came from behind and dashed the appellant and ran over his left leg. The appellant sustained total amputation of left lower limb, degloving injury of left thigh with massive nerves loss, crush injury of right thigh and other multiple injuries all over the body. Due to the injuries sustained, the appellant filed claim petition seeking compensation of Rs.20,00,000/- with interest payable by the respondents jointly and severally. The appellant got examined P.Ws. 1 to 5 and got marked Exs.A1 to A12. Further, Ex.X1 is marked. Respondent No.2 got marked Ex.B1-copy of insurance policy. Upon considering the appellant’s case, the Tribunal awarded an amount of Rs. 14,17,252/- with interest at 9% p.a. Aggrieved by the same, the appellant preferred the present appeal.

4. In grounds of appeal, the appellant contended that as per certificate issued by Medical Board, he has suffered physical disability at 85% and the Tribunal has taken the functional disability as 40% instead of 85% and therefore, sought compensation by computing the same with

85% disability.

5. The appellant claims to be aged about 35 years with income of Rs.15,000/- per month by doing shoe making business. Due to amputation and due to inability to do shoe making business, the appellant claimed functional disability at 85%. There is no dispute about the Tribunal awarding compensation of Rs.2,00,000/- towards pain and suffering, Rs.1,17,000/- towards attendant charges, Rs.7,252/- towards medical bills and Rs.3,25,000/- towards artificial limb.

6. The one and only ground raised for challenging the impugned order is that physical disability of 85% results in 100% of functional disability. As per both FIR as well as charge sheet marked under Exs.A1 and A2, the appellant is shown to be a cobbler. The Tribunal has taken the income of the appellant at Rs.10,000/- per month being a skilled worker engaged in making of shoes and the same need not be interfered with.

Coming to the aspect of functional disability making of shoes requires usage of both hands and legs and therefore, as far as doing cobbler work is concerned, the functional disability would be 60%.

7. To quantify the compensation towards loss of future earnings due to disability, as per age (35 years) and income of the appellant, if 40% of the income is included as future prospects, the annual income would be Rs.1,68,000/- (Rs.1,20,000/- + 48,000/-). As per the authority in Sarla Verma v. Delhi Transport Corporation, 1(2009) 6 S.C.C. 121, if the aforesaid annual income is multiplied with relevant multiplier of ‘16’, the loss of future earnings of the appellant due to disability at 60% is Rs.16,12,800/- (Rs.1,68,000/- x

16 x 60/100).

8. Further, the appellant is also entitled to Rs.2,00,000/- towards pain and suffering, Rs. 1,17,000/- towards attendant charges, Rs. 7,252/- towards medical bills and Rs. 3,25,000/- towards artificial limb. In all, the appellant is entitled to Rs.22,62,052/-.

9. Accordingly, the M.A.C.M.A. is allowed. The compensation awarded by the Tribunal is enhanced from Rs.14,17,252/- to Rs.22,62,052/-with interest @ 7.5% per annum from the date of petition till the date of realization. The enhanced compensation amount shall be deposited