HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.554 of 2008 Date: 08-7-2011 Between Shaik Feroz … Appellant/Claimant and Madan Singh and another … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.554 of 2008 Judgment: Being aggrieved by the judgment and decree dated 05-7-2007 in O.P.No.1953 of 2002 on the file of the Motor Accidents Claims Tribunal cum II Additional District Judge (Fast Track Court), Nizamabad the present civil miscellaneous appeal is filed by the appellant-claimant. 2. The appellant herein is the claimant in O.P.No.1953 of 2002 before the tribunal below. He filed the said O.P., claiming compensation of Rs.4,00,000/- for the injuries sustained by him in a road traffic accident that occurred on 27-9-2002. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.35,000/- under all heads. Being aggrieved, the present civil miscellaneous appeal is filed by the claimant seeking enhancement of compensation. 3. Learned counsel for the appellant-claimant mainly urged that the tribunal below granted very meagre compensation though there is disability at 10% and that too, the petitioner being a student of 10 years and in any view of the matter, the compensation is to be enhanced. 4. The learned Standing Counsel for the 2nd respondent- Insurance Company, while attacking the said argument, urged that the tribunal below, while discussing the evidence on record, granted compensation and the same needs no further enhancement. 5. Now, the point for consideration is -- whether the appellant- claimant is entitled for enhancement of compensation ? 6. Point:- The factum of accident is not disputed. In proof of the injuries on the injured, P.W.3 Dr. J.Dhoom Singh, an Orthopaedic Surgeon, was examined. According to him, on 27-9-2002 he examined the injured and found a lacerated wound over right heel and swelling and deformity of right leg, swelling and deformity of right thigh with lacerated wound exposing bleeding X-ray revealed fracture of right femur, fracture reduced to thomas splint applied, skin grafting was also done. 7. Admittedly, the injured was hospitalized for one year. Ex.A-4 is the discharge card and Ex.A-3 is the wound certificate. The averments therein corroborated the observations of P.Ws.3 and 1. According to the evidence of P.W.3, P.W.1 sustained 10% permanent partial disability. The tribunal below, while granting compensation of Rs.10,000/- towards fracture of right femur, has not granted any compensation towards the deformity of right thigh with lacerated wound. 8. Therefore, while taking into consideration the gravity of the injuries and as per the evidence of P.W.3, an amount of Rs.25,000/- is granted towards the fracture of right femur against the award of Rs.10,000/- granted by the tribunal below. The other findings of the tribunal below granting compensation of Rs.5,000/- towards the simple injury, Rs.5,000/- towards the medical bills and Rs.15,000/- towards disability are confirmed. 9. With this modification, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.35,000/- to Rs.50,000/- (Rupees fifty thousand only). No costs. ___________________ K.S.APPA RAO, J. 08th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.554 of 2008 08th July, 2011.