Judgment · High Court · 2010

This civil miscellaneous appeal is filed against the judgment and decree passed by the II Additional Chief Judge, City Civil Court, Hyderabad, in O.P.No.1083 of 1998. The petitioner- claimant is the appellant.

Heard.

The brief facts are as follows: On 16.06.1998 at about 10.00 a.m. when the petitioner was climbing the lorry from backside, its driver had suddenly moved the vehicle, on account of which the petitioner fell down and suffered grievous injuries. He was shifted to Osmania General Hospital. He suffered fracture of pelvis and other injuries. He claimed compensation of Rs.80,000/-. First respondent remained exparte and the second respondent – insurance company filed usual counter. Basing on the above pleadings, the following issues were framed:

Whether the accident occurred due to the rash and negligent driving of the driver of the lorry bearing No.ABT 3141?

2. To what compensation, if any, the petitioner is entitled?

3. To what relief? On behalf of the petitioner, P.W.1 was examined and Exs.A1 to A8 were marked. No oral or documentary evidence was adduced on behalf of the respondents. Considering the material on record, the trial Court granted compensation of Rs.50,000/-. Aggrieved by the above quantum, the present appeal is filed.

Now, the point for consideration is: Whether there are any grounds for allowing the appeal?

The learned trial Judge having considered the nature of injuries sustained observed that in order to meet the ends of justice, the compensation of Rs.50,000/- can be granted towards pain and suffering, inconvenience, loss of earnings and the amount incurred towards medical expenses.

According to P.W.1, he suffered fracture of pelvis. Ex.A4 discharge ticket issued by Osmania General Hospital also shows that he suffered fracture of pelvis. He was hospitalized for substantial period. According to P.W.1, his urino genetal area was punctured. There was difficulty in passing urine, which would have been obviously caused on account of fracture of pelvis.

Fracture of pelvis is a serious injury, which would cause substantial inconvenience and difficulty to heal as it is moving part. Such being the case, the petitioner must have suffered substantial inconvenience and pain. He must have spent substantial money for the purpose of treatment and attendants. As such, compensation of Rs.10,000/- can be granted towards treatment and attendant charges, Rs.20,000/-can be granted towards pain and suffering during the period of treatment and another amount of Rs.50,000/- can be granted towards permanent disability on account of fracture of pelvis. Thus, the petitioner would be entitled to total compensation of Rs.80,000/- as claimed. The interest shall be at 6% per annum throughout on the enhanced amount.