THE HON’BLE SRI JUSTICE K.S. APPA RAO M.A. C.M.A.No. 289 OF 2008 JUDGMENT: Aggrieved against the Order of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Mahabubnagar in O.P.No. 724 of 205, dated 27.8.2007, the present M.A.C.M.A. is filed urging that the tribunal below erred in not considering the disability certificate of the injured and granted only meager compensation though there is a disability of 40% and requested for enhancement of compensation. Now the point for consideration is whether the Order of lower tribunal is sustainable. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal. As seen from the impugned Order, the injured Chennaiah met with an accident on 7.1.2005 and sustained crush injury to his right foot and examined himself as P.W.1 and also examined P.W.2 Dr. Chakradhar Goud and filed Exs.A-1 to A-8. The accident was not disputed. The tribunal below while evaluating the evidence on record granted an amount of Rs. 13,000/- against the claim of Rs. 1 lakh. As seen from the wound certificate Ex.A-3 and disability certificate Ex.A-6, the injured sustained one fracture, three simple injuries. P.W-2 also deposed that the disability of the injured is about 40%. The tribunal below without taking into consideration, the disability and the gravity of the injures granted an amount of Rs. 10,000/- under the head of pain and suffering and Rs. 1,500/- towards the medical expenses and extra nourishment and Rs. 500/- towards transportation charges and Rs. 1,000/- towards the loss of earnings. The injured is aged about 40 years and an agriculturist. As seen from the disability certificate Ex.A-6 and also wound certificate Ex.A-3, there is stiffness in the injury and since the said disability is established at 40%, it has to be seen that any persons with the said disability of 40% much less agriculturist cannot attend the normal work and thereby he is deprived of his earnings. In the present case on hand, the injured being the agriculturist deprived of his earnings due to the grievous injuries sustained by him resulting disability. Therefore, viewed from any angle, while taking into consideration the gravity of the injuries, much less the grievous injuries as spoken to by P.W-1 granting of Rs. 20,000/- towards the grievous injury is just and reasonable. It can be said without any hesitation with this grievous injury, there would be pain and suffering. Accordingly, a sum of Rs. 5,000/- granted towards the pain and suffering besides granting Rs. 3,000/- towards the medical expenses and Rs. 2,000/- towards the extra nourishment, Rs. 5,000/- towards the loss of earnings and in all entitling the injured an amount of Rs. 35,000/-is granted against the award of Rs. 13,000/- as granted by the tribunal below. In the result, the M.A. C.M.A. is partly allowed. There is no change in the rate of interest granted by the tribunal below. ___________________ 17.3.2011 CHV