THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1614 OF 2002 Sardar Takur Singh v. Bigula Srinivasulu and others THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1614 OF 2003. Oral Judgment: 1. None appears for the appellant-claimant. 2. This appeal is preferred by the claimant seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal- cum- III Addl. District Judge, Karimnagar whereby and whereunder the Tribunal while disbelieving the evidence of the doctor with regard to the percentage of disability, granted compensation of Rs.1,30,000/- for the injuries sustained by the claimant as against Rs.3,00,000/- claimed by him. 3. The facts in brief are that on 24-2-2000 while the appellant-claimant was proceeding towards temple on his Scooter bearing No. APC 2698 and when he reached near Sikhwadi Chowrastha, Karimnagar, one car bearing No. APD 2506 driven by respondent no.1, in a rash and negligent manner, with high speed and dashed against the scooter and that the appellant fell down and sustained grievous injuries on his left palm, left leg, right and left knee. Contending that the accident took place due to rash and negligent driving of R.1, and that he sustained fracture of left femur grievous in nature, abrasion on left palm, left leg, right and left knee, incurred huge expenditure towards treatment, the appellant filed the O.P. for compensation of Rs.3,00,000/-. 3. The driver R.1 and owner of the vehicle R.2 remained ex-parte before the Tribunal. Respondent No.3-insurance company filed counter denying all the averments in the claim petition and further contended that the accident did not take place due to rash and negligent driving of the driver of the car - R-1. On the basis of the rival claims, appropriate issues were framed and on behalf of the claimant P.Ws. 1 to 3 were examined and Exs.A.1 to A.14 were marked. On behalf of the respondents Exs.B- 1was marked. The Tribunal on consideration of the evidence of the appellant-claimant coupled with Ex.A.1-FIR and Ex.A.2 charge sheet, and in the absence of any rebuttal evidence, rightly held that the accident occurred due to rash and negligent driving of the driver of the vehicle in question, and the same needs no interference by this Court. With regard to quantum of compensation is concerned, the Tribunal having found that the appellant has sustained only shortening of left leg by 2 inches due to fracture of left femur, and other injuries on his left palm, right and left knee and simple injuries on the body, while considering the evidence on record including that of doctor with regard to percentage of disability, granted a sum of Rs.30,000/- towards disability, Rs.75,000/- towards medical expenses and Rs.25,000/- towards injuries and in all granted a sum of Rs.1,30,000/- as compensation for the injuries sustained by the appellant. Considering the nature of injuries sustained by appellant, I am of the view that the quantum of compensation granted by the Tribunal is just and proper and needs no interference and hence, the appeal being meritless is liable to be dismissed. In the circumstances, the appeal is dismissed. No costs. GM, J Kk/1-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.1614 OF 2002 1-7-2010