HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU M.A.C.M.A.No.2812 of 2007 JUDGMENT: Andhra Pradesh State Road Transport Corporation filed this appeal questioning award dated 31.07.2007 passed by the Motor Accidents Claims Tribunal-cum- II Additional Metropolitan Sessions Judge-cum-XVI Additional Chief Judge, Secunderabad in M.V.O.P.No.1731 of 2004 awarding compensation of Rs.77,762/- to the claimant/respondent. There is no dispute about factum of accident on 26.04.2004 at about 10.00 A.M. when the injured woman aged 25 years who is a fruit vendor was dashed by RTC bus bearing No.AP-9Z-7622 at the entrance of bus depot. The injured as PW.1 gave evidence about rash and negligent driving of bus by its driver. She also filed Ex.A.1 Copy of First Information Report and Ex.A.2 Copy of charge sheet filed by the police relating to this accident against the bus driver. The bus driver is not examined. Therefore, the lower Tribunal rightly came to the conclusion that the bus driver was at fault and was responsible for this accident because of his rash and negligent driving. The claimant led medical evidence of her injuries. Ex.A.3 is discharge ticket issued by Osmania General Hospital, Hyderabad. She also examined PW.2, who is a doctor in that hospital, to speak to the treatment given to her. She filed Ex.A.4 bunch of medical bills whose value amounted to Rs.12,362/- . She also filed Ex.A.5 X-ray films showing fractures. As per medical evidence, the claimant sustained two fractures, one at upper 1/3rd of right femur and the second one at left elbow. She was admitted in Osmania General Hospital, Hyderabad on 26.04.2004. As per evidence of PW.2, the injured underwent surgery of open reduction and ‘K’ nailing for right femur on 28.04.2004 and skin grafting of left elbow on 26.05.2004 and was discharged on 03.06.2004. Thus, the injured was hospitalized for more than five weeks. In the hospital, she underwent two surgical treatments on different dates. The lower Tribunal awarded compensation of Rs.35,000/- for pain and suffering as the injured sustained two facture injuries, Rs.12,362/- towards medical expenses, Rs.5,000/- towards extra nourishment, Rs.5,000/- towards incidental expenditure, Rs.5,400/- towards loss of earning during period of treatment and bed rest and Rs.15,000/- for discomfort and inconvenience. PW.2 stated that the injured sustained 30% partial and permanent disability. Simply because no disability certificate is obtained by the injured, evidence of PW.2, who is a competent medical personnel, cannot be brushed aside. Even after discharge from the hospital, the injured would not have attended to her normal duties for some more time until her surgical wounds are healed and fractured bones are united. Therefore, it cannot be said that amount of compensation awarded by the lower Tribunal is in any way excess. I find that amount of compensation awarded is just and reasonable. In the result, the appeal is dismissed with costs. ________________________ SAMUDRALA GOVINDARAJULU,J 22nd November, 2010. PNV