HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.904 OF 2004 JUDGMENT: Being dissatisfied with the quantum of compensation awarded in O.P. No.1088 of 1999 vide judgment dated 04-09-2002 by the learned Chairman, Motor Accident Claims Tribunal – cum – I Additional District Judge, L.B. Nagar, Ranga Reddy District, claimant preferred this Civil Miscellaneous Appeal seeking enhanced compensation. 2. The owner of the jeep bearing No.AP16 – 2157 that involved in the accident and its insurer are respondent Nos.1 and 2 respectively in the O.P. before the Tribunal. 3. For the sake of convenience, the parties are referred to as arrayed in the O.P. before the Tribunal. 4. The case of the claimant before the Tribunal is that on 28-09-1999 at 5-00 PM, while himself along with his villagers was proceeding to Shamshabad Market in the Jeep bearing No.AP12 – T – 1982, near Hanuman Temple, another Jeep bearing No.AP16 – 2157 being driven by its driver in a rash and negligent manner and high speed came from behind and dashed the jeep in which he was travelling, as a result claimant and other inmates of the jeep sustained grievous injuries. Immediately, he was shifted to Osmania General Hospital, Hyderabad. A case in Crime No.262 of 1999 was registered by the Shamshabad Police Station. Claimant sustained two fractures apart from several injuries. Hence, he claimed a compensation of Rs.1,00,000/-. 5. Respondent No.1, owner of the jeep that involved in the accident, remained ex parte. 6. Respondent No.2, insurer of the above jeep, alone filed its counter denying the case of the claimant. 7. Based on the pleadings, Tribunal framed the point “whether the petitioner is entitled to compensation, if so at what amount” for trial. 8. To prove his case, claimant got examined himself as PW.1 and got marked Exs.A-1 to A-6. On behalf of the insurance company, no oral evidence was adduced, but insurance policy of the jeep involved in the accident was marked as Ex.B-1. 9. Based on the material on record and after an elaborate consideration of the same, Tribunal awarded a compensation of Rs.16,000/- to the claimant against both the respondents for payment of compensation jointly and severally with interest at 9% per annum. Being dissatisfied with the quantum of compensation, claimant preferred this appeal. 10. Learned counsel for the claimant, appellant, contends that as the claimant sustained fracture of both legs including his ankle, which is a delicate part of the body, and became disabled and as he suffered pain during treatement, he is entitled to a compensation of Rs.1,00,000/-, which he claimed. 11. Since neither of the respondents preferred any appeal or cross-objections, there is no need to decide the question of proving the accident and their liability for payment of compensation ? 12. Hence, the only question that arises for consideration is whether the compensation awarded by the Tribunal to the claimant is inadequate ? 13. Though the claimant stated in his evidence that he sustained injuries on his both legs and both his legs were fractured below the knee i.e., near the ankle, the initial medical certificate, which is marked as Ex.A-3 and which alone can be accepted, shows that he sustained fracture of foot alone apart from simple injuries and a nail of the toe was lost. Considering these injuries and the pain suffered by him due to those injuries and the expenses he spent towards medicines, extra nourishment, attendant charges and transportation etc., I am of the view that awarding a total compensation of Rs.35,000/- to the claimant would meet the ends of justice and the same is accordingly awarded. Thus, the compensation of Rs.16,000/- awarded by the Tribunal is enhanced to Rs.35,000/-(Rupees thirty five thousand only). Claimant is entitled to interest on the enhanced compensation at 6% per annum from the date of O.P. till realization. Claimant is permitted to withdraw the entire compensation soon after its deposit. 14. With the above directions, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. ______________________ P. SWAROOP REDDY, J November 23, 2010. PV