THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1728 of 2011 JUDGMENT: The appeal is filed against the judgment dated 16.11.2000 in M.O.P.No.629 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Vizianagaram granting a compensation of Rs.28,482/- consequent on the injuries received by the petitioner in a motor accident. The claim was made for Rs.1,50,000/-. The allegations in the petition go to show that on 03.08.1998, when the petitioner was returning from calls of nature near goods shed road junction, Vizianagaram, the lorry bearing No.APV 9732 came in a rash and negligent manner and dashed against the petitioner, as a result of which he received multiple injuries and suffered disability. The 1st respondent is the driver, the 2nd respondent is the owner and the 3rd respondent is the insurance company. The respondents 1 and 2 remained ex parte and the 3rd respondent filed counter contending that the offending vehicle was not insured and there is no valid insurance and that the petitioner’s claim is excessive. After considering the evidence on record, the lower Tribunal found that the petitioner is entitled to a compensation of Rs.28,482/- as there was rashness and negligence on the part of the driver of the vehicle as alleged by the petitioner. The grievance of the learned counsel for the appellant is that the compensation granted by the lower Tribunal is not just and by taking into consideration the nature of the injuries and sufferings of the petitioner, proper compensation should have been granted. As can be seen from Ex.A-3 wound certificate, the petitioner is said to have received only one grievous injury and as per Ex.A-4 O.P. chit, he was said to be in hospital from 03.08.1998 to 08.10.1998. He claims that there was a disability of about 12%. The lower Tribunal after considering the evidence on record, granted a sum of Rs.12,500/- for grievous injury, Rs.12,000/- for disability and Rs.3,982/- towards medicines. As can be seen from the material on record, the grievous injury is a fracture of tibia. The lower Tribunal did not disbelieve the factum of the appellant being in hospital for a period of two months. Therefore, granting of medical expenses is on a lower side. Evidently, the lower Tribunal also did not take into consideration the loss of earnings and also the hospitalization of the appellant. Therefore, taking into consideration the above circumstances, I feel the ends of justice would meet, if a total compensation of Rs.50,000/- (Rupees fifty thousand only) is granted on all counts. Accordingly, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 17-08-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 1728 of 2011 DATE: 17-08-2011 MR