HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.2090 OF 2002 JUDGMENT: Being dissatisfied with the quantum of compensation, claimant filed this Civil Miscellaneous Appeal against the order in M.V.O.P. No.396 of 1998 dated 07-01-2002 of Motor Accidents Claims Tribunal – cum - IV Additional District Judge, East Godavari, Kakinada. 2. Appellant is claimant, respondent Nos.1 and 2, who are driver and owner of the jeep involved in the accident, are respondent Nos.1 and 2 respectively, and respondent No.3 – New India Assurance Company Limited, which is insurer of the jeep, is respondent No.3 in the M.V.O.P. before the Tribunal. 3. For the sake of convenience, the parties are referred to as arrayed in the M.V.O.P. before the Tribunal. 4. Claimant’s case is that he boarded the jeep bearing No.AAV – 7094 at Samalkota to go to Kakinada and at Ideal College, Kakinanda, as the driver of the jeep, respondent No.1, drove it in a rash and negligent manner and dashed against an advertising Board, claimant fell down and sustained injuries all over his body and respondent No.1 joined him (claimant) in the Government General Hospital, Kakinada. He suffered fractures and injuries and as the same were not cured, he took treatment in a private hospital at Kakinada and also at Visakhaptnam and spent huge amount towards treatment. He was a coolie and he used to earn Rs.100/- a day. Hence, he claimed a sum of Rs.1,00,000/- towards compensation. 5. Respondent Nos.1 and 2 remained ex parte and respondent No.3, insurance company, alone filed its counter denying the case of the claimant and contending that the claim is excessive. 6. The Tribunal, after framing appropriate issues on the basis of the rival pleadings and on examining the witnesses, based on the material on record, awarded a compensation of Rs.44,400/- to the claimant against all the respondents making them jointly and severally liable with interest at 12% per annum from the date of petition till realization. Being dissatisfied with the quantum of compensation, claimant filed this appeal. 7. Since there is no appeal or cross-objections from the respondents, there is no need to go into the question of proving the accident and the only question that arises for consideration is whether the compensation awarded by the Tribunal is inappropriate? 8. Evidence of the claimant as PW.1 is that he suffered four fractures and other injuries all over his body, he spent Rs.40,000/- for his treatment and after the accident he is unable to attend any work and that previously he used to earn Rs.150/- to 200/- a day. 9. Evidence of PW.2, who treated the claimant, is that he found fracture of right humerous, incised wound over right shoulder, abrasion over right arm, fracture of right side ribs and hemothorox and fracture of D5 vertebra and collection of blood inside the chest valve and opined that out of the above injuries four are grievous. He examined the petitioner on the day of evidence and found stiffness in the right shoulder and assessed the disability at 10%, which is permanent. 10. Considering the evidence on record coupled with the medical evidence, it is established that claimant suffered four fractures and other injuries. It is also established that claimant was a labourer. Tribunal awarded Rs.5,000/- for each fracture, Rs.16,500/- towards permanent disability, Rs.6,900/- towards medical expenses and Rs.1,000/- for the simple injuries, totaling to Rs.44,400/-. 11. In view of the fact that claimant is a daily wage labourer and he suffered four fractures and there is permanent disability of 10%, the compensation of Rs.5,000/- for each fracture awarded by the Tribunal can be enhanced to Rs.10,000/- for each fracture and remaining portion of the impugned order need not be interfered with. Thus, the compensation awarded by the Tribunal can be enhanced by another Rs.20,000/-. 12. Accordingly, compensation awarded to the claimant is enhanced to Rs.64,400/- (Rupees sixty four thousand four hundred only) from Rs.44,400/-. The rate of interest on the enhanced compensation shall be at 6% per annum from the date of petition till realization. The petitioner can withdraw the entire enhanced compensation along with interest thereon soon after its deposit. 13. With the above directions, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. ______________________ P. SWAROOP REDDY, J September 23, 2010. PV