HON’BLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.2247 of 2003 JUDGMENT: This Civil Miscellaneous Appeal is filed by the petitioner against the order and decree dated 16.12.2002 in M.V.O.P.No. 646 of 2000, on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Vizianagaram. M.V.O.P.Nos. 646 of 2000, 150 of 2001, 151 of 2001 and 266 of 2001 arise out of the same accident. Hence, the Court below decided all the three O.Ps by a common judgment. 2. On 27.05.2000 at about 8.30 P.M., the petitioner in the above O.P. and some others were travelling in Auto bearing No.AP 31 T 9076, which was driven by 1st respondent in a rash and negligent manner, due to the negligent driving of the 1st respondent, the Auto turned turtle near Chinthalavalasa village. As a result, petitioner fell down and received simple and grievous injuries. She was shifted to Government Headquarters Hospital, Vizianagaram for treatment. A case in Crime No.56 of 2000 was registered by Denkada Police for the said accident. She claimed compensation of Rs.1,00,000/-. 3. Respondent Nos.1 and 2 remained ex parte and third respondent filed counter denying the petition allegations. 4. On the basis of the pleadings, the following issues were framed: 1. Whether the accident and the injuries to the petitioner are due to rash and negligent driving of the auto bearing No.AP 31 T 9076 by R-1 driver? 2. Whether the petitioner is entitled for any compensation, if so from which of the respondent? 3. To what relief? 5. On behalf of the petitioner, P.Ws.1 to 5 were examined and Exs.A1 to A.20 and Exs.X.1 to X.4 were marked. On behalf of the contesting respondent, R.W.1 was examined and Ex.B.1 was marked. 6. The petitioner in the present case claimed to have sustained fracture of left clavicle. She filed Ex.A.10 wound certificate. The Court below believed the same and awarded a compensation of Rs.12,500/- towards the fracture, Rs.6,000/- towards medical expenses and Rs.7,500/- towards medicines and other incidental expenses making a total compensation of Rs.20,000/-. 7. The grievance of the learned counsel for the appellant is that under the same judgment, the learned Judge awarded compensation of Rs.41,500/- for the petitioner in O.P.No.266 of 2001 who suffered a similar injury. As per para 16 of the impugned judgment the petitioner in the said O.P., suffered fracture to right clavicle. The learned Judge held that the petitioner in O.P.No.266 of 2001 is entitled for Rs.20,000/- towards additional partial permanent disability and the same was not awarded in the case of the present appellant. 8. Considering the submissions made by the learned counsel for the appellant and on perusing the impugned judgment, in the present case also I am inclined to grant another amount of Rs.20,000/- to the petitioner towards additional partial permanent disability. Accordingly the compensation is enhanced from Rs.20,000/- to Rs.40,000/-. 9. The appeal is accordingly allowed enhancing the compensation from Rs.20,000/- to Rs.40,000/-. The rate of interest on enhanced amount shall be at 6% per annum. The petitioner can withdraw the enhanced compensation as and when deposited. ______________________ P. SWAROOP REDDY, J. 29th November 2010, PNV