THE HON’BLE SRI JUSTICE K.S.APPA RAO MACMA.NO.409 OF 2008 DT.30.04.2011 Between:: Kolapudi Jayamrutha Rao and another ………………………Appellants Vs. Badeti Yadaiah and another …………..Respondents. JUDGMENT: Aggrieved by the orders passed in M.V.O.P.No.882 of 2004, dated 03.12.2007 on the file of the Motor Accidents Claims Tribunal- cum-I Additional District Judge at Khammam, the present appeal is filed. The appellants herein are the legal heirs of the deceased Devanandam, who earlier filed M.V.O.P.No.882 of 2004 claiming compensation for the injuries sustained by him in the road accident. During the pendency of the said petition, when injured died, the appellants herein came on record as legal heirs of the deceased and filed the present appeal,. The learned counsel appearing for the appellants vehemently argued that the court below erroneously dismissed the petition without assigning any reasons and that the appellants are entitled for the compensation. Now the point for consideration is whether the order of the Tribunal below is sustainable. The petitioners 1 and 2 are the legal representatives of the deceased Devanandam, who sustained injuries in the motor vehicle accident occurred on 01.03.2002 and thereafter succumbed to injuries. The first petitioner is the son of the deceased. In the present case on hand, the factum of accident is not disputed. PW-2 the wife of the deceased was examined and there is no direct witness to the accident. In proof of the injuries sustained by the deceased, PW-2 Dr.G.V.V.Sudhershan Rao was examined and issued Ex.A-3 and A-4. The injured sustained injuries in the accident and succumbed to injuries while undergoing treatment. As per the evidence of PW-2 Dr.G.V.V.Sudhershan Rao, the injured Devanandham sustained fracture on right wrist and it was grievous in nature. Ex.A-3 is the injury certificate given by the Area Community Hospital, Bhadrachalam. It discloses that the deceased suffered swelling with contusion on lower 1/3rd right fore arm and that there was deformity and that there was another contusion 15x2x ½ and 10x6 on the right leg and that there was fracture of right colles and right medial malleleous. Ex.A- 4 discharge card also discloses fracture of colles of the right wrist only and tibia lower injury to right leg and was admitted into hospital on 01.03.2002 and discharged on 08.03.2002 and again on 08.05.2002 the injured underwent surgery. In view of the evidence of PW-2 and the documentary evidence Exs.A-3 and A-4 it can be said that the injuries sustained by the deceased are grievous in nature. Though the petitioners failed to produce any documentary proof in support of their claim towards the expenditure incurred on treatment, it can be safely said that the petitioners incurred not less than Rs.15,000/- to 20,000/- towards treatment. As can be seen from the impugned order, the driver of the offending vehicle on his admission before the trial court was convicted. Therefore, in view of the said circumstances of the case on hand, granting Rs.20,000/- to the petitioners as compensation towards treatment of the injured (deceased) is just and reasonable, which carry interest at 6% from the date of petition. Accordingly, the appeal is allowed. No order as to costs. ________________ K.S.APPA RAO., J Dt.30.04.2011 tjs