IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD
HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
C.M.A.No.55 of 2003
DATE:24.06.2010 Between:
M.Siddaiah And:
K.Suneela Rao and others …… Appellant …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
C.M.A. No.55 of 2003
JUDGMENT :
The injured-claimant is the appellant. There is no appeal filed by the insurance company against the award. The appellant contended that the lower Tribunal did not award any compensation for permanent disability or pain and suffering or loss of past and future income.
2) As per Ex.A-4 wound certificate, the appellant sustained three injuries, out of which injury No.1 is grievous in nature in as much as it is fracture injury to right humerus at its lower one third. The lower Tribunal awarded Rs.20,000/- towards reimbursement of medical expenses covered by Exs.A-6 to A-30 medical bills. Apart from that, the lower Tribunal granted Rs.20,000/- for one grievous injury and two simple injuries as just compensation. Though the lower Tribunal granted general damages of Rs.20,000/- for one grievous injury and two simple injuries, the lower Tribunal did not grant special damages under any other head except reimbursement of medical bills. The appellant filed Ex.A-5 permanent disability certificate issued by S.V.R.R.
Hospital to the effect that he was having 20% disability. No doubt, the appellant did not examine the doctor who issued the said certificate to prove the disability and to explain on what basis he arrived at the said percentage of the disability. At the same time, because of fracture of humerus relating to upper arm above elbow, there will be physical discomfort for the injured. In spite of there being no proof of permanent disability to the extent of 20%, this Court is of the opinion that a token amount of Rs.5,000/- should be granted towards disability due to fracture. Further, another sum of Rs.5,000/- is liable to be granted towards head of pain and suffering. Since there is no proof of loss of income, this Court is of the opinion that no damages can be granted for any loss of past or future income. Thus, in addition to Rs.40,000/- granted by the lower Tribunal, this Court enhances the same to another extent of Rs.10,000/- as indicated above.
3) In the result, the appeal is partly allowed enhancing the compensation amount from Rs.40,000/- to Rs.50,000/- with proportionate costs.
SAMUDRALA GOVINDARAJULU, J June 24, 2010 KSH