HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No. 489 of 2008 JUDGMENT: This Civil Miscellaneous Appeal is filed by the petitioner against the order and decree dated 20.01.2006 passed in O.P.No.1908 of 2001 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-VI Additional District Judge, Nizamabad at Kamareddy. The appellant herein is the petitioner in the said O.P. For convenience sake, the parties hereinafter will be referred to as they are arrayed before the Tribunal. The brief facts of the case are as follows: On 20.06.2001 at about 9.00 P.M., while the petitioner was travelling in an auto bearing No.ABT-5952 from Kamareddy to Rameshwarpally village and when the auto reached near Nizamsagar cross roads, a tractor bearing No.AP-25-T-5111 driven by its driver, came in a rash and negligent manner with high speed and dashed against the auto, due to which, the petitioner sustained multiple fractures and grievous injuries all over the body and other passengers in the auto also sustained fracture injuries. Immediately the petitioner was shifted to Government General Hospital, Kamareddy where she was treated as inpatient and thereafter she took treatment with private doctors and spent Rs.1,50,000/-. Therefore, she filed the O.P. claiming compensation of Rs.3,00,000/- for the injuries sustained by her. During the course of trial, on behalf of the petitioner, P.Ws.1 and 2 were examined and Exs.A1 to A.4 and Ex.C.1 were got marked. On behalf of the respondents, no oral evidence has been adduced. However, Ex.B.1 was got marked. After evaluating the entire material placed by both parties, the Tribunal came to the conclusion that the accident occurred due to rash and negligent driving of driver of the driver of the offending vehicle, and accordingly allowed the O.P. awarding the compensation of Rs.45,000/- with interest @ 9% per annum from the date of petition till the date of realisation and made the respondents 1 and 2 liable jointly and severally to pay the compensation. Aggrieved thereby, the petitioner preferred filed the present appeal. The learned counsel appearing for the appellant mainly urged that the Tribunal below has not granted any compensation towards the expenditure incurred by the appellant while undergoing treatment, and the compensation awarded by the Tribunal is meagre and disproportionate and sought for enhancement of the compensation. The learned counsel appearing for the respondent/insurance company while supporting the order of the Tribunal, sought for dismissal of the appeal. Now, the point for consideration is whether the appellant is entitled for enhancement of compensation? As seen from the impugned order, the Tribunal, while discussing the evidence on record, came to a correct conclusion fastening the liability against the owner of the offending vehicle and the insurer. The factum of the accident is not disputed. The petitioner, in order to establish his claim, apart from examining PW.2 Dr.V.Akhilesh, he filed Ex.A.3, wound certificate, Ex.A.1, certified copy of F.I.R. Therefore, while taking into consideration the evidence of PW.1 coupled with the documentary evidence under Ex.A.3, it can be said that petitioner sustained injuries as noted in Ex.A.3, wound certificate. The evidence of PW.2 reveals that petitioner sustained one grievous injury i.e., pain/swelling/deformity at right elbow and X-ray of right elbow was taken interior and posterior with X-ray No.67/2001, which shows the fracture of lateral left hand epicondyle left humorous. This apart, the petitioner is said to have sustained one simple injury i.e., lacerated wound on the left fore arm about 2 x 1 x 1 ½ cms in size. The petitioner was admitted in hospital on 20.06.2001 and discharged on 13.07.2001. Therefore, in view of the evidence of PW.2 and the injuries noted Ex.A.3, granting of Rs.20,000/- by the Tribunal is just and reasonable. The Tribunal also awarded compensation of Rs.3,000/- towards simple injuries, Rs.10,000/- towards pain and suffering and Rs.12,000/- towards loss of earnings, which in my view, are also sustainable. However, the Tribunal did not grant any compensation towards incidental expenses i.e., the expenditure towards medicines and extra nourishment and hence, an amount of Rs.5,000/- is granted on that score. Accordingly, in total, the petitioner is entitled to the compensation of Rs.50,000/- (Rs.20,000/- + 3,000/- + 10,000/- + 12,000/- + 5,000/-). In the result, the appeal is allowed in part enhancing the compensation from Rs.45,000/- to Rs.50,000/-. The enhanced amount of Rs.5,000/- shall carry interest at the rate of 7.5% per annum from the date of appeal till the date of realisation in the circumstances of the case. No costs. _______________ K.S.APPA RAO,J 15TH July, 2011 PNV