HON’BLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.2367 of 2003 JUDGMENT: This Civil Miscellaneous Appeal is filed by the petitioner-appellant against the order and decree dated 18.10.2002 in O.P.No. 393 of 2001, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Nalgonda. 2. On 09.02.2001, when the petitioner was returning from Labour work on cycle, the driver of the lorry bearing No.AP-20-3949, drove it in a rash and negligent manner and dashed against the cycle of the petitioner. As a result, the petitioner fell down and received multiple injuries. 3. Respondent No.1 remained ex parte and second respondent filed counter denying the petition allegations. 4. On the basis of the pleadings, the following issues were framed: 1. Whether the accident was due to rash and negligent driving by the driver of lorry No.AP-10-T-3949? 2. Whether the petitioner is entitled to any compensation and if so, to what amount? 3. To what relief? 5. On behalf of the petitioner, P.W.1 was examined and Exs.A1 to A.5 were marked. On behalf of the respondents, no oral or documentary evidence was adduced. Considering the material on record, the Court below granted compensation of Rs.20,000/-. Aggrieved by the same, the present appeal is filed by the appellant-claimant. 6. Now, the point for consideration is whether there are any grounds to enhance the compensation? 7. The petitioner in the present case claimed to have sustained fracture to right leg and he was treated in Government Hospital, Miryalaguda. He filed Ex.A.2 Xerox copy of wound certificate, which shows that there are three fractures. The Court below believed the same and awarded a compensation of Rs.15,000/- towards pain and suffering and Rs.5,000/- towards medical expenses and attendant charges. 8. Considering the fact that the petitioner suffered three fractures I am inclined to grant another amount of Rs.50,000/- to the petitioner as he must have suffered pain, he must have been out of work for some time, he must have spent money for treatment. Accordingly the compensation is enhanced from Rs.20,000/- to Rs.70,000/-. 9. Accordingly, the appeal is partly allowed enhancing the compensation from Rs.20,000/- to Rs.70,000/-. However, the rate of interest on the enhanced amount of compensation is at 6% per annum. No costs. ______________________ P. SWAROOP REDDY, J. 29th November 2010, PNV