HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.468 of 2008 Date: 15-7-2011 Between Bantu Anjaneyulu … Appellant/Petitioner and Mohd. Ghouse and another … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.468 of 2008 Judgment: Being aggrieved by the award and decree dated 17-9-2007 in O.P.No.962 of 2006 on the file of the V Additional Metropolitan Sessions Judge (Mahila Court) cum XIX Additional Chief Judge, City Criminal Courts, Hyderabad the present civil miscellaneous appeal is filed by the appellant-petitioner. 2. The appellant herein is the petitioner-claimant in O.P.No.962 of 2006 before the tribunal below. He filed the said O.P., claiming compensation of Rs.2,00,000/- for the injuries sustained by him in a road traffic accident that occurred on 22-11-2005. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.42,000/- under all heads. Being aggrieved, the present civil miscellaneous appeal is filed by the claimant seeking enhancement of compensation. 3. The learned counsel for the appellant-claimant mainly urged that the tribunal below erroneously granted meagre compensation though the petitioner suffered grievous injury and was bedridden for six months and the compensation granted on the other grounds was also very meagre and requested for enhancement of compensation. 4. The learned Standing Counsel for the 2nd respondent- Insurance Company submits that there is no evidence regarding the earnings of the injured and therefore, the tribunal below rightly granted compensation of Rs.9,000/- towards the loss of earnings of the injured and that the petitioner did not file any disability certificate. On the other hand, P.W.2 the doctor who treated the petitioner certified that there is no disability and therefore, no further enhancement of compensation is to be granted. 5. Now, the point for consideration is -- whether the appellant- claimant is entitled for enhancement of compensation ? 6. Point:- The factum of accident is not disputed. According to P.W.2 Dr. R.Shiva Prasad, the petitioner sustained disability which is in the form of stiffness of right hand joint but the same can be corrected with Physiotherapy. According to him, on 23-11-2005 the petitioner was admitted in Osmania General Hospital with Grade II open condylar fracture of right femur, with inter condylar extension. A surgery was done on 29-12-2005 in the form of open reduction and internal fixation, right femur, with DCS and iliac bone grafting and was discharged on 07-01-2006 with an advice not to bear weights till further advice. The discharge card of Osmania General Hospital was marked as Ex.A-4. Thus, considering the nature of the injury and treatment, the tribunal below awarded Rs.25,000/- towards pain and suffering, in my view, the same is just and reasonable. However, the tribunal below did not award any compensation for the above said grievous injury. Accordingly, an amount of Rs.20,000/-is granted towards the grievous injury. 7. The petitioner as P.W.1 in his evidence stated that he incurred more than Rs.10,000/- towards his treatment and he filed medical bills marked as Ex.A-6 for Rs.740/- and the tribunal below awarded the said amount of Rs.740/- towards medical expenditure and also granted Rs.3,000/- under incidental expenses. The same, in my view, are sustainable. The tribunal below considering the age of P.W.1 granted Rs.9,000/- towards loss of income as he was hospitalized for three months. Accordingly, the same is sustainable. Accordingly, Rs.2,000/- granted by the tribunal below towards loss of temporary amenities of life is also sustainable. As per the evidence of P.W.2, the petitioner requires Rs.15,000/- for the future surgery, but, however, an amount of Rs.10,000/- is granted towards future surgery for removal of implants. Thus, the petitioner is entitled to the total compensation of Rs.69,740/-, rounded of to Rs.70,000/-. 8. With this modification, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.42,000/- to Rs.70,000/- (Rupees seventy thousand only) with interest at the rate of 7% per annum from the date of petition till the date of payment. No costs. ___________________ K.S.APPA RAO, J. 15th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.468 of 2008 15th July, 2011. (Ak)