IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH THURSDAY THE TWENTYSEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE B. CHANDRA KUMAR
MACMA.NO. 2525 OF 2005
Between:
Mohd Aijaz Hussain … Appellant/claimant V/s.
K.Kantha Reddy & Ors. … Respondents/Respondents Counsel for the Appellant : Sri Molugu Krishna Reddy Counsel for the Respondents : Sri Srinivasa Rao Utla The court made the following : [judgment follows] HONOURABLE SRI JUSTICE B. CHANDRA KUMAR
MACMA.NO. 2525 OF 2005
JUDGMENT :
Heard both sides.
2. The claimant preferred this appeal seeking enhancement of compensation.
3. The IV-Additional Chief Judge-cum-Motor Accidents Claims Tribunal, City Civil Court, Hyderabad, by award and decree dated 16/6/2005 in OP.No. 728 of 2001 awarded total compensation of Rs.48,820/- with interest @ 9% p.a. to the claimant.
4. Since the quantum is in question, there is no need to discuss the other aspects.
5. According to the claimant, he sustained partial permanent disability. He examined PW-2 doctor, who treated the claimant. Initially the claimant was admitted in Osmania General Hospital, Hyderabad. The learned counsel for the Insurance Company submits that no fractures have been noted in Ex.A-3 issued by Osmania General Hospital. The learned counsel for the claimant submits that since there was no proper treatment in Osmania General Hospital and even X-
rays were not taken in Osmania General Hospital, the claimant got discharged from Osmania General Hospital and on the same day got admitted in Manik Prabhu Hospital, Saidabad.
6. It appears that when a patient or his relatives feel that they are not getting proper treatment, they are justified in taking treatment from another hospital. So, we cannot find fault with them, if they got shifted the injured to any private hospital for better treatment. Ex.A-3 is medico-legal record from Osmania General Hospital. Admittedly no x-ray was taken. Since no x-ray was taken it was noted as ‘simple injury’. However, the record issued by Manik Prabhu Hospital in Ex.A- 4 reveal that the claimant he was admitted on 19/11/2000. It also shows that claimant sustained depressed fracture of left leg and he was treated as inpatient from 19/11/2000 to 26/11/2000. The doctor PW-2 has also issued disability certificate Ex.A-5. The fracture is at knee joint. It appears that the claimant sustained disability. The claimant’s case is that he is having pain in left leg while walking and climbing steps.
PW-2 assessed disability at 20%. However, no disability certificate has been obtained by medical board. The record does not show that the claimant sustained 20% disability. In the absence of disability certificate and proper medical record, it is difficult to assess the disability. However, having regard to the evidence of PW-2 and in the circumstances, it is just and reasonable to assess the disability at 10%. According to the claimant, he was doing business and earning Rs.9000/- per month. In the circumstances, the income of the claimant is taken at Rs.5,000/- per month and 10% of the disability comes to Rs.500/- and minimum loss of earning comes to Rs.6,000/-, the appropriate multiplier is taken as 14. The total loss of earning comes to Rs.84,000/- . The claimant filed certain medical bills. So in the circumstances the claimant is awarded a sum of Rs.40,000/- towards medical bills. He is also awarded an amount of Rs.10,000/- towards pain and suffering. Rs.3,000/- is awarded towards extra nourishment, Rs.3,000/- towards attendant charges and Rs.4,000/- is awarded towards transport and other miscellaneous charges. Thus, the total compensation comes to Rs.1,44,000/- along with interest @ Rs.9% per annum.
6. This Civil Miscellaneous Appeal is allowed accordingly. No costs.
7. As a sequel, miscellaneous petitions if any pending, in this appeal shall stand closed.
JUSTICE B. CHANDRA KUMAR .
26/11/2014 I s L HONOURABLE SRI JUSTICE B. CHANDRA KUMAR MACMA NO.2525 OF 2005 Circulation No.53 Date: 27/11/2014 Court Master : I s L Computer No. 43