IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.NO.173 OF 2008 Between : Repally Poul ...APPELLANT A N D Abul Azeez and another …RESPONDENTS THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.NO.173 OF 2008 JUDGMENT: This M.A.C.M.A. under Section 173 of the Motor Vehicles Act, 1939 (for short, ‘the Act’) is directed against the judgment, dated 20.06.2007 in O.P.No.1822 of 2003 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, (Fast Track Court), Nizamabad. 2. The appellant herein is the petitioner and the respondents herein are the respondents in the O.P. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal. 3. The petitioner filed O.P.No.1822 of 2003 claiming compensation of Rs.3,00,000/- for the injuries sustained by him in a road accident. The Tribunal after evaluating the evidence on record, awarded a sum of Rs.36,900/- under all heads. 4. Now the point for consideration is whether the petitioner is entitled for enhancement of compensation? 5. Learned counsel appearing for the petitioner contended that the compensation awarded by the Tribunal is very meager. 6. In order to prove the injuries the petitioner himself was examined as P.W.1 and also examined Dr.G.Prakash, who treated the injured, as P.W.2 and got marked Exs.A.1 to A.12. 7. The accident is not disputed before this Court. According to the petitioner he sustained fractures to his ribs on the right side of the chest, right knee joint, right thigh, right hand, skull and also received other multiple and grievous injuries all over the body. Immediately, after the accident, the injured was shifted to Government Hospital, Armoor from there he was referred to District Head quarters Hospital, Nizamabad, where he was treated and operated twice. After discharge from District Headquarters Hospital, Nizamabad, the petitioner was taken treatment in a private hospital and incurred huge expenditure. 8. The evidence of P.W.2 Dr. G.Prakash, would clearly go to show that he treated the injured on 22.05.2003 in Aparna Hospital and found fracture of 3rd and 4th ribs of the left side chest, fracture to right patella and simple injury on the right knee. The petitioner was also treated conservatively by admitting in the hospital as inpatient and was discharged on 26.05.2003. He noted two grievous injuries and the remaining injuries are simple in nature. Ex.A.3 is Certified Copy of injury certificate issued by him. As per Ex.A.3 the petitioner sustained two fractures and one simple injury. The petitioner also filed X-ray in support of Ex.A.3 injury certificate. The Tribunal awarded an amount of Rs.7500/- for fracture of 3rd and 4th ribs; Rs.5000/- for fracture of lower pole patella; Rs.5000/- towards four simple injuries; Rs.15,409/- towards cost of treatment including medicines; Rs.3000/- towards extra nourishment and Rs.1000/- towards transportation charges. Thus, in all the Tribunal awarded a sum of Rs.36,900/-. 9. Considering the facts and circumstances of the case and nature of injuries, it is just and reasonable a sum of Rs.30,000/- can be awarded for two fractures besides awarding a sum of Rs.8000/- (Rs.2000/- each) for four simple injuries. The Tribunal has not granted any amount towards pain and suffering. While taking into consideration the nature and gravity of injuries, a sum of Rs.5000/- can be awarded towards pain and suffering. Apart from the above, the Tribunal also awarded a sum of Rs.3000/- towards extra nourishment, Rs.15,409/- towards cost of treatment including medicines; Rs.1000/- towards transportation charges. Thus, in all the petitioner is entitled a sum of Rs. 62,409/- (Rs.38,000+Rs.15,409+Rs.3000+Rs.1000 +Rs.5000). 10. Accordingly, M.A.C.M.A. is partly allowed enhancing the compensation from Rs.36,900/- to Rs.62,409/-. There shall be no order as to costs. __________________ K.S.APPA RAO, J MARCH 28, 2011. YVL