HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A. No.3358 of 2011 Date: December 07, 2011 Between: Md. Habeeb … Appellant And 1. National Insurance Co., Ltd., Bangalore & another. … Respondents * * * HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A. No.3358 of 2011 JUDGMENT: This appeal is filed against the order dated 22nd December 2004 passed in O.P. No.116 of 2001 on the file of II Additional District Judge (FTC), Nizamabad, challenging the quantum of compensation. 2. Claimant is the appellant herein. According to the case of the appellant on 19.7.2000 when he was proceeding on his cycle, a lorry bearing No.KA 01 9034 came in a rash and negligent manner and dashed against his cycle, as a result of which he received multiple injuries and also spent money for treatment and suffered disability. The appellant is said to be the insurer of the vehicle. 3. The first respondent has contended that the claim for compensation is excessive and the insurance of the vehicle and its involvement are denied. 4. After considering the evidence of P.Ws.1 to 3 and Exs.A-1 to A-16, the lower Tribunal granted compensation of Rs.12,000/-. 5. The point for consideration is whether the amount of compensation granted by the lower Tribunal is just and reasonable? 6. Point: The insurance company has not filed any appeal challenging the award. Learned counsel for the appellant contends that the lower Tribunal has not considered the nature of injuries properly and also the quantum of compensation fixed is incorrect. The lower Tribunal has accepted the factum of receipt of grievous injury to the right clavicle as per Ex.A-2 and also sufferance for a period of 44 days. Even if the other injuries are minor in nature, the fact remains that the appellant has received grievous injury and also disability for short of time. The lower Tribunal has adopted the table under Section 163 (A) of the Motor Vehicles Act, 1988, when the claim filed is one under Section 166 of the Act. Therefore, taking into consideration the nature of the injury and also the treatment of the injury and the confinement for a period of 44 days accepted by the lower Tribunal causing loss of earnings, I feel ends of justice would be met if the compensation of Rs.30,000/- is granted. 7. The appeal is accordingly allowed and the amount of Rs.30,000/- shall carry interest at 7.5% per annum. _____________________________ N.R.L. NAGESWARA RAO, J. Date: December 07, 2011. BSB