THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.3457 of 2003 JUDGMENT: Being aggrieved by the judgment and decree dated 18.06.2003 in O.P.No.434 of 2001 on the file of the Motor Accidents Claims Tribunal-cum- Additional District Judge, Nizamabad, the present appeal is preferred by the appellants-respondents on the ground that the Tribunal having found that the claimant sustained fracture to his left 9th rib and two simple injuries the medical bills for Rs.5,402/- but gravely erred in awarding Rs.60,000/- for the injuries and the fracture sustained by the claimant and Rs.10,000/- towards medicines and extra nourishment and the said quantum of compensation is excessive. The learned counsel appearing for the respondents urged that the Tribunal granted compensation while taking into consideration the gravity of injuries, which is very reasonable and not excessive. Now the point for consideration is whether the quantum of compensation granted by the Tribunal is excessive and unreasonable. In the lower Court, as many as two witnesses were examined and the doctor, who treated the victim, was not examined to prove the injuries on PW.1. Basing on the injury certificate Ex.A.3 and Ex.A.4 X- ray report, the lower Court granted Rs.60,000/- towards injuries. A perusal of Exs.A.3 and A.4, except the grievous injury ie., fracture of left 9th rib and two simple injuries, the injured did not sustain any other injuries. Therefore, granting of Rs.60,000/- towards the said injuries is very excessive and unreasonable. The lower Court has not assigned any reasons for granting of such excessive compensation to the injuries noted in the injury certificate, without examining the doctor. Therefore, non-examination of the doctor is fatal and in any view of the matter, granting of Rs.30,000/- instead of Rs.60,000/- is quite reasonable in the facts and circumstances of the case on hand. Accordingly, an amount of Rs.30,000/- is granted towards the head injury, pain and suffering reducing the amount of compensation granted by the Tribunal below. The lower Court also granted an interest @ 9% per annum. The other findings of the lower Court holds good. With this modification, the appeal is partly allowed. K.S.APPA RAO,J 17th February, 2011 PNV