THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2480 of 2011 JUDGMENT: The appeal is filed against the judgment dated 04.10.2004 in O.P.No.366 of 1999 on the file of the Motor Accident Claims Tribunal- cum-IV Additional District Judge (Fast Track Court), Nizamabad questioning the quantum of compensation. A claim for Rs.2,00,000/- was filed for the injuries received by the petitioner in a motor accident on 06.01.1999 at about 9.00 P.M. when he was proceeding on foot, the scooter bearing No.AP-25-E-3514 came in a rash and negligent manner and dashed against the petitioner, as a result of which he suffered multiple injuries and spent money for treatment. The 1st respondent-owner remained ex parte and the 2nd respondent-insurance company filed counter denying the petition averments, nature of accident, nature of injuries and its liability. After considering the evidence of P.Ws.1 and 2 and Exs.A-1 to A-5 and Ex.B-1, the lower Tribunal has granted a compensation of Rs.20,000/-. Being aggrieved by the said judgment and decree dated 04.10.2004, the present appeal is filed. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? POINT: So far as the nature of the incident is concerned, there is no dispute and the insurance company has not questioning the order. The learned counsel for the petitioner contends that the petitioner was suffered due to the injuries and spent money for treatment and the quantum of compensation granted by the lower Tribunal is very less. The petitioner was said to be in hospital for more than a month. As can be seen from the wound certificate Ex.A-3, the petitioner is said to be having traumatic anti dislocation of right knee and he was admitted on 06.01.1999 in the Government hospital and discharged on 16.01.1999 and as per charge sheet Ex.A-2, he was treated by one Dr.T.S.Das. Evidently, P.W.1 did not treat the petitioner immediately after the accident. The fact remains that the injuries said to have been received by the petitioner are grievous in nature. He was in hospital for a period of 10 days and during that period he must have lost his earnings. The lower Tribunal has applied the schedule No.2, whereas the claim is one under Section 166 (1) (a) of the Motor Vehicles Act read with Rule 455 of Andhra Pradesh Motor Vehicle Rules. Taking into consideration the above fact, the quantum of compensation granted by the lower Tribunal appears to be on a lower side and taking into consideration the nature of the injuries, nature of the treatment and the possible loss of earnings, the compensation granted by the lower Tribunal is enhanced to Rs.40,000/- (Rupees forty thousand only). With the above modification, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 31-10-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2480 of 2011 DATE: 31-10-2011 MR