THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.410 of 2008 JUDGMENT: This civil miscellaneous appeal is preferred aggrieved by the Judgment dated 17.12.2007 in O.P.No.836 of 2004 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Khammam. 2. The appellant herein is the claimant in the above O.P. He filed the above O.P. claiming compensation of Rs.1,00,000/- for the injuries sustained by him in the road traffic accident occurred on 25.2.2003 when the auto bearing No.AP 20-U-7262 hit the claimant while he was going by Hero Honda Splendor motor cycle. 3. In support of his claim, the claimant examined himself as PW1 and examined Dr. K. Prasanna Sinha as P.W.2 and got marked Exs.A1 to A8 and Exs.X1 and X2. R.Ws.1 and 2 were examined and Exs.B1 and B2 were marked on behalf of the respondents. 4. The Tribunal below while evaluating the evidence on record awarded total compensation of Rs.29,000/- under all heads against the claim of Rs.1,00,000/-. Being aggrieved by the said compensation, the claimant preferred the present CMA. 5. The learned Counsel appearing for the appellant-claimant mainly stressed that the Tribunal below without taking into consideration Ex.A3-wound certificate, granted very meager compensation basing on Ex.X1 case sheet and therefore, the compensation may be enhanced. 6. The learned Counsel appearing for the Insurance-Company while supporting the finding of the Tribunal below urged that the compensation awarded by the Tribunal below is very reasonable and sustainable. 7. Now the point for consideration is whether the claimant is entitled for any enhancement of compensation? 8. In the instant case, the factum of accident is not in dispute. P.W.1 is the injured. P.W.2 is the doctor. According to P.W.2, he examined P.W.1 and found that P.W.1 sustained three grievous injuries and two simple injuries. In proof of the injuries, P.W.1 mainly relied on Ex.A3- wound certificate and Ex.A4 discharge card. According to P.W.2, P.W.1 was operated on 27.2.2005 and was discharged on 7.3.2003. Thereafter, he took treatment as an outpatient till 26.3.2003. Ex.A3 is the crucial document on which the claimant is seeking enhancement of compensation. In Ex.A3-wound certificate dated 24.3.2003 it is certified that the injured was admitted in the Main Hospital, Kothagudem on 25.2.2003 at 3.55 p.m., and discharged on 7.3.2003. According to Ortho-surgeon, P.W.1 sustained the following injuries: 1. L.W. 3 x ½ cm over Rt. Ankle below medial malleol; 2. L.W. of 5 x ½ cm., over 4th web space Right foot; 3. 3rd, 4th, 5th metatarsal Fracture Rt. Foot; 4. 3rd, 5th toe proximal phalynx fracture Rt. Foot. 5. Partial Amputation of 5th Rt. Toe. As per Ex.A3, injuries 3 to 5 are grievous and injuries 1 and 2 are simple in nature. The Tribunal below granted an amount of Rs.25,000/- in lumpsum to the injuries, pain and sufferance for the fracture to 5th metatarsal bone and other simple injuries. In my considered view, the aforesaid finding of the Tribunal below is not reasonable. 9. In view of the gravity of the injuries, granting of compensation of Rs.25,000/- to the third injury and Rs.20,000/- each to the other two grievous injuries besides granting Rs.3,000/- to each simple injury, is just and reasonable to meet the ends of justice. As the Tribunal failed to grant any amount specifically towards pain and sufferance to all the above injuries, Rs.10,000/- is hereby granted towards pain and sufferance. Further, the amount awarded by the Tribunal viz., Rs.2,000/- towards attendant expenses and Rs.2,000/- towards extra nourishment, stands confirmed. Thus, the compensation of Rs.29,000/- awarded by the Tribunal below is enhanced to Rs.85,000/-. 10. With these modifications, the appeal is partly allowed. The enhanced amount shall carry interest at the rate of 7.5% per annum from the date of petition till realisation. ______________ K.S.APPA RAO,J Dt.07.07.2011 Nn THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.410 of 2008 7.7.2011