APHC010243002001 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Thursday, the Twenty Eighth day of August, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Civil Miscellaneous Appeal No: 1870 of 2001 Between: B.Jayamma ...Appellant and S.Srinivasulu and another ...Respondents Counsel for the appellant: 1. Masthan Naidu Cherukuri Counsel for the respondents: -- The Court made the following: 2 C.M.A.No.1870 of 2001 JUDGMENT: This appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the award and the decree dated 01.07.2000 in M.V.O.P.No.473 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Tirupati. 02. The appellant is the claimant and the respondents are the respondents before the Tribunal. 03. The claimant filed petition seeking compensation of Rs.75,000/-, whereas the Tribunal granted Rs.12,000/-. 04. The case of the claimant is briefly as follows: On 11.02.1996, at about 7.00 P.M. while the claimant was standing on the left side of the road near bus stop on Puttur-Nagari road at Nandimangalam, a scooter bearing No.AEC 339 driven by the respondent No.1 in a rash and negligent manner with high speed hit her causing multiple injuries and a fracture of her left ankle. A case in Crime No.17 of 1996 was filed under Section 338 I.P.C. and Sections 3(1) r/w 181 of the M.V. Act against the respondent No.1. The case was registered as C.C.No.89 of 1996 on the file of the Court of Judicial First Class Magistrate, Puttur. 05. Both the respondents remained ex parte. 06. The claimant was examined as P.W.1 and filed the following exhibits: Ex.A1 Certified copy of F.I.R. Ex.A2 Certified copy of charge sheet. Ex.A3 Certified copy of wound certificate. Ex.A4 Certified copy of calendar and judgment in C.C.No.89 of 1996 of J.F.C.M. Puttur. 3 C.M.A.No.1870 of 2001 07. No other witness was examined before the Tribunal. 08. After considering the evidence on record, the Tribunal held that the claimant is entitled to compensation of Rs.12,000/- with interest @12% p.a. from the date of petition till the date of realization against the respondents No.1 and 2 with joint and several liability. The Tribunal observed that the claimant had not proved that she had sustained permanent partial disability. The amount of compensation consists of Rs.5,000/- for grievous injury and Rs.1,000/- for non-grievous injury as per Schedule –II of the M.V. Act, Rs.4,000/- towards medical expenditure and Rs.2,000/- for pain and suffering. 09. Aggrieved by the less amount of compensation granted by the Tribunal, this appeal was preferred contending that the amount of compensation granted is very meagre; that the Tribunal ought to have observed that the evidence of the claimant was not rebutted as the respondents remained ex parte; that the Tribunal ought to have considered that the claimant is a milk vendor and a coolie; that the injuries suffered by her would hamper continuation of her work; that the claimant must have spent Rs.20,000/- for her treatment due to the nature of the injuries she suffered. 10. The reports on the service of the notices sent to the respondents by this Court are not available in the file, but the record shows that the notices were sent to the respondents. As both the respondents remained ex parte before the Tribunal, vide order dated 01.08.2025, further notices to them was dispensed with as per Order XLI, proviso to Rule 14(1) C.P.C. as amended by the State of Andhra Pradesh. 4 C.M.A.No.1870 of 2001 11. Heard Ms. N.Yasoda Kumari, learned counsel representing the learned counsel for the appellant. She submitted that the Tribunal ought to have granted compensation for attendant charges, loss of earnings and high amount of medical expenses. 12. A perusal of the record shows that no claim was made for attendant charges. Since the compensation for attendant charges is to meet the actual expenses, there must be pleading and proof, though discretion can be exercised regarding the quantum while appreciating the evidence. 13. Insofar as the loss of earnings is concerned, except her self- serving statement that she was a milk vendor and also a coolie and earning from that work, there is no evidence. As such, the Tribunal did not award any amount of such compensation, nor has it given any reason for not awarding any such compensation. But, even for the value of her services, some reasonable amount of compensation under this head could have been awarded by considering her as a coolie. Therefore, taking her income as Rs.1,000/- per month on an average and as she suffered fracture injury to her leg, for a period of three months at least, loss of income could be assessed. As such, the claimant is entitled to Rs.3,000/- towards loss of income. 14. Insofar as medical expenses are concerned, there is no pleading / proof as to the hospital in which she took treatment or the nature of the treatment taken and she failed to examine any doctor or file the medical record in evidence. Under these circumstances, the amount of compensation of Rs.4,000/- granted by the Tribunal for medical expenses is not on low side. Therefore, this Court does not see any reason to grant any amount over and above the amount granted by the Tribunal under the head of medical expenses. 5 C.M.A.No.1870 of 2001 15. Since there is no proof that that the petitioner suffered disability, either permanent or partial, leading to loss of future earnings, the Tribunal rightly observed that the multiplier method cannot be adopted to grant compensation. Further, the Tribunal granted compensation not only for pain and suffering but also for grievous injury and non-grievous injury. 16. In the result, the Civil Miscellaneous Appeal is partly allowed by enhancing the amount of compensation from Rs.12,000/- to Rs.15,000/- (fifteen thousand rupees only) with proportionate costs throughout and with interest at the same rate as ordered by the Tribunal. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Date: 28.08.2025 NSM 6 C.M.A.No.1870 of 2001 21 The Honourable Ms. Justice B.S.Bhanumathi Civil Miscellaneous Appeal No: 1870 of 2001 Date: 28.08.2025 NSM