HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.3404 OF 2011 JUDGMENT: The appeal is filed against the order in M.V.O.P.No.173 of 2002 on the file of the Motor Accidents Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad. 2. A claim was made for compensation of Rs.3,00,000/- for the injuries said to have been received by the petitioner in a motor accident. 3. According to the claim of the petitioner, on 22.04.2002 at about 8.20 P.M., when he was going on scooter bearing No.AP 10 7423 and reached near Railway Nilayam, Secunderabad, the auto rickshaw bearing No.AP 10 V 7224 came from back side in a rash and negligent manner and dashed against the scooter, as a result, the petitioner received multiple injuries. The petitioner was treated in the hospital and incurred medical expenses. The 1st respondent is owner and the 2nd respondent is Insurance Company. They are jointly and severally liable to pay the compensation. The 2nd respondent filed a counter putting the petitioner to strict proof of rashness and negligence on the part of the driver of the vehicle and nature of injuries received by him and also the medical expenses incurred by him. After considering the evidence on record, the lower Tribunal has granted a sum of Rs.17,914/- as compensation. 4. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? 5. POINT: So far as the nature of the incident is concerned, there is not of much dispute. As can be seen from the evidence on record, which was accepted by the lower Tribunal, the petitioner is said to have received grievous injury to the head, abrasion over left frontal region, fracture of the right little finger and abrasion over the lower lip. He is said to have been treated in New City Hospitals. The petitioner is also said to have gone L.V. Prasad Eye Institute and attended there for about five days. There is no proof that the petitioner suffered any disability. However, the lower Tribunal has granted a sum of Rs.8,914/- towards medical expenses. The lower Tribunal has granted a sum of Rs.6,000/- for the injuries and Rs.3,000/- for pain and suffering. The total compensation being Rs.17,914/-. Evidently, grievous injury to the head is said to have been caused apart from two simple injuries. The factum of his treatment in the hospital is not in dispute. 6. Therefore, taking into consideration the above fact, a sum of Rs.20,000/- is granted for pain and suffering for the injuries and a sum of Rs.10,000/- is granted towards medical expenses. Then, the total compensation comes to about Rs.30,000/-. There is no loss of earnings or disability, consequently any other component of compensation cannot be granted. Accordingly, the claim for compensation is enhanced. In the result, the appeal is allowed in part. No costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date: 07.12.2011 INL