THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.2756 OF 2001 JUDGMENT: This Civil Miscellaneous Appeal is filed against the judgment and decree, dated 07.12.1995, passed in O.P.No.71 of 1992 by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, East Godavari at Rajahmundry. Appellant herein is the claimant in the above said O.P. The case of the appellant is that on 26.12.1991 at about 10.00 a.m. when the petitioner was traveling in a lorry, due to the rash and negligent driving of the first respondent, the lorry dashed against another lorry, due to which the appellant and cleaner of the lorry sustained injuries. On account of that, appellant suffered fracture on his left hip region, minor injuries all over body and he was hospitalized for about five months, took rest for two months, suffered some permanent disability, incurred money towards treatment, etc. As such, the petitioner filed the said O.P. claiming compensation of Rs.50,000/-. Respondents 1 to 3 set ex parte while R.4 contested the claim of the petitioner. On the basis of pleadings of both the parties, the following issues were framed: 1. Whether the accident in question resulting in the injuries to the petitioner was due to the rash and negligent driving of the lorry A.I.C.5157? 2. whether the petitioner is entitled for any compensation and if so, to what amount and from which respondents? 3. To what relief? On behalf of the petitioner, P.Ws.1 and 2 were examined and Exs.A1 to A6 were marked. No oral evidence was adduced on behalf of the respondents, but Ex.B.1 was marked. On the basis of the material on record, the learned trial Judge rendered the impugned judgment holding that even under no fault liability for permanent disability, the appellant is entitled for compensation of Rs.16,000/- as the petitioner sustained fracture and dislocation of the left sacroiliac joint. Rs.2,000/- was granted towards extra nourishment apartfrom Rs.2,000/- towards medical expenses and Rs.7,500/- for medical treatment. Thus, a compensation of Rs.25,000/- was awarded to the petitioner along with interest @ 12% per annum from the date of petition till the date of realization. Aggrieved by the quantum of compensation, the present appeal is filed by the claimant. Now, the point for consideration is ‘Whether there are any valid grounds for enhancing the compensation and for allowing the appeal’? As elaborately discussed by the Court below, the petitioner suffered fracture on left hip region apart from minor injuries all over the body. The Assistant Professor of Orthopedics, Rangarayana Medical College, Kakinada, as PW.2 deposed that the petitioner suffered fracture of both rami of left public bones and dislocation of left sacroiliac joint. According to him, the petitioner underwent minor surgery known as ‘tipial pintraction’ and was hospitalized for two months. Though there is some confusion with regard to period of hospitalization of the petitioner, there is no dispute that the petitioner suffered fracture of hip joint, which is a delicate area that could cause inconvenience through out his life and he must have spent money for treatment and he must have suffered some disability and lost earnings for about four or five months. Considering all these circumstances, the petitioner is entitled for entire compensation of Rs.50,000/- claimed. Accordingly, the Civil Miscellaneous Petition is allowed. However, the enhanced amount shall carry interest @ 6% per annum from the date of petition till realization. The petitioner is entitled to withdraw the enhanced amount after one year from the date of deposit. There shall be no costs. _________________________ P. SWAROOP REDDY, J. 30th June 2010, sur