THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.5059 of 2008 JUDGMENT: This appeal is directed against the order, dated 16.03.2006 in O.P.No.63 of 2003 on the file of the learned Chairman, Motor Vehicles Accidents Claims Tribunal- cum- District Judge, Nellore, wherein the said application filed by the appellant herein under Section 166 of the Motor Vehicles Act, 1988, was allowed in part, awarding compensation of Rs.45,000/- with interest @ 7.5% p.a. from the date of the petition. 2. Heard both sides. Perused the record. 3. Appellant herein filed the claim application seeking compensation of Rs.1,50,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 29.03.2002. According to the claimant on that day, himself and one Munnu are going on a Hero Honda motor cycle and that a tractor and trailer bearing Nos.AP27/F-8435 and AP 27/F-8436 loaded with sand, driven in a rash and negligent manner by its driver, dashed against them as a result of which the claimant sustained multiple injuries and that he was initially treated at Government hospital, Kavali and later at Nellore. 1st respondent herein-owner of the tractor and trailer and the 2nd respondent-insurer filed counters opposing the claim and denying their liability to pay the compensation. 4. During enquiry before the Tribunal, P.Ws.1 to 3 were examined and Exs.A1 to A10 were marked on behalf of the claimant. No oral evidence was adduced but Ex.B.1 was marked on behalf of the respondents herein. 5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the offending vehicle- tractor and trailer by its driver. The said finding has become final as no appeal was filed by the respondents. The Tribunal, however, awarded a total compensation of Rs.35,000/-with interest @ 7.5% p.a. Not satisfied with the award, claimant filed the present appeal seeking enhancement of compensation. 6. The main contention of the learned counsel for the appellant is that the medical evidence on record would show that the injuries have resulted in 20% disability and the Tribunal has failed to award any amount towards permanent disability and also failed to award any amount towards extra nourishment and transportation charges though the claimant was shifted to different hospitals at different places and he was inpatient in the hospital for about a period of one month. 7. The medical evidence of P.W.2-doctor, who treated the claimant, coupled with the wound certificate-Ex.A4 and case sheet-Ex.A8 would show that the claimant sustained one grievous injury i.e. fracture of L1 vertebra with an abrasion over the back of right elbow joint, which is a grievous injury besides another simple injury ;and that he was inpatient in the hospital for a period of one month from 29.03.2002 to 26.04.2002. No doubt, P.W.2 stated in his evidence that the claimant is having a partial permanent disability of about 20%. It is also in his evidence that the claimant is having difficulty in carrying prolonged work. Admittedly, no disability certificate, issued by any competent medical authority, duly making the assessment of the impact of the injury or the physical and functional capacity of the claimant, is filed. Even according to the claimant, he was only running a hotel but not doing any hard labour work. In the absence of any such assessment of physical disability by a competent medical authority and without any disability certificate being filed, no compensation can be awarded towards permanent disability, merely based on the oral evidence of P.W.2, who deposed about three years after filing of the claim application. 8. Having regard to the nature of the injuries sustained and the length of hospitalization of the claimant and also the fact that the claimant was shifted initially to the Government hospital, Kiavali and from there he was taken to the Government hospital, Nellore, it is considered just and proper to award a sum of Rs.5000/- towards extra nourishment; Rs.5000/- towards attendant charges and Rs.5000/- towards transportation charges. In the absence of any medical bills, showing the actual expenditure incurred, the amount of Rs.10,000/- awarded by the Tribunal towards medical expenses is considered just and reasonable. The Tribunal has awarded a sum of Rs.25,000/- towards pain and suffering. However, as the claimant sustained only one grievous injury and one simple injury he is entitled for a sum of Rs.5000/- for the grievous injury and Rs.1000/- for the simple injury towards pain and suffering. The claimant was stated to be running a hotel. As he was hospitalized for a period of about one month and was also advised rest for another three months after discharge, it is quite possible that he was not in a position to run the hotel and therefore sustained loss of income during the said period of four months. Though the claimant has not produced any evidence in support of the income from the hotel, it is considered just and proper to award a sum of Rs.5000/- per month, which comes to Rs.15,000/- for a period of three months towards loss of past income. The claimant is therefore entitled for a total compensation of Rs.51,000/- with interest @ 7.5% p.a. on the original amount awarded by the Tribunal from the date of the petition and @ 6% on the enhanced amount from the date of the appeal. The impugned award is modified accordingly. 9. In the result, appeal is allowed in part to the extent stated above. _______________________ G.V.SEETHAPATHY, J 09th November, 2011 Tsy