THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.1931 of 2005 JUDGMENT: The appellant-claimant filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act’) against the award, dated 03.09.2004, passed in O.P.No.237 of 1999 by the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Nizamabad (for short ‘the Tribunal’). 2. The appellant-claimant sustained injuries in a motor vehicle accident occurred on 04.02.1999 near Kaman, Indalwal village, due to dashing of his TVS Champ Moped bearing No.AP-25/A- 1583 by a lorry bearing No.TN-28/V-4499 on account of rash and negligent driving of its driver. Hence, he filed O.P.No.237 of 1999 claiming compensation of Rs.1,00,000/- payable by respondents 1 and 2 being owner and insurer of the crime vehicle. Respondent No.2 filed counter denying the allegations made in the petition. By the award impugned, the Tribunal awarded compensation of Rs.51,000/-to the claimant payable by the respondents jointly and severally with interest at 9% per annum from the date of the petition till the date of realisation. Dissatisfied with the quantum of compensation, the appellant filed the present appeal. 3. Heard the learned counsel for the appellant and the learned counsel for respondent No.2. 4. Learned counsel for the appellant-claimant vehemently contended that though the claimant had sustained grievous injuries and spent a sum of Rs.30,000/- for his treatment, medicines etc.,, the Tribunal awarded meager amount of Rs.3,000/- towards medical expenses and Rs.5,000/-towards pain and suffering and thereby granted less compensation and thus, he prays to enhance the compensation. 5. P.W.1-claimant stated that he sustained injuries to his neck, both hands, back bone, left leg and right leg and fracture injuries to his left leg and ribs. He took treatment as inpatient for a period of eleven days. As per Ex.A4-wound certificate, issued by the Medical Officer, Government Headquarters Hospital, Nizamabad, the claimant sustained paralysis to both upper limbs, lacerated injury on the forehead, which are grievous and simple in nature. P.W.2-Doctor, who issued Ex.C-4-disaility certificate, stated that the claimant sustained cervical spine injury with partial paralysis of both upper limbs and he assessed the disability at 70%. Since the claimant sustained only one grievous injury as per Ex.A4 and the percentage of disability is disproportionate to the injuries, the Tribunal disbelieved the said disability certificate and awarded just and reasonable compensation of Rs.25,000/-towards disability. As the claimant underwent treatment in Government Headquarters Hospital, Nizamabad, and Gandhi Hospital, Secunderabad, he had necessarily spent some amount towards medicines, transportation etc. As such, the compensation towards medical expenses is enhanced from Rs.3,000/-to Rs.5,000/- and towards pain and suffered from Rs.5,000/- to Rs.10,000/- and a sum of Rs.2,000/-is awarded towards transportation. The compensation of Rs.25,000/-towards disability and Rs.18,000/- towards loss of earnings awarded by the Tribunal is added to the said amounts. In total, the compensation is determined at Rs.60,000/-. Thus, the compensation is enhanced from Rs.51,000/- to Rs.60,000/. The award of the Tribunal in all other aspects shall remain unaltered. The enhanced compensation amount shall carry interest @ 6% per annum from the date of the petition till realization. 6. With the above modification, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. _____________________ GHULAM MOHAMMED, J Date:21.10.2010 sj