HON’BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. No :3194 of 2008 JUDGMENT: This appeal is filed by the injured claimant challenging the order dated 1.9.2006 in O.P. No. 797 of 2002 on the file of the IV Additional District & Sessions Judge, Fast Track Court,Ranga Reddy. The brief facts of the case are that on 16.7.2002 at about 1.00 P.m., while the appellant was waiting at Hydernagar Dargah, a seven seater auto bearing No. AP 23 T 4617 came in a high speed and in a rash and negligent manner and dashed the appellant. As a consequence, the appellant fell down and sustained fracture to his right ribs, besides dislocation of shoulder. He also sustained injuries to his head, spinal card, both legs and hands. Immediately, he was taken to Gandhi Hospital, where he underwent treatment. Hence, he filed a claim petition before the Tribunal claiming compensation of Rs.1,00,000/- for the injuries received by him. Before the Court below, the 1st respondent was set ex-parte. While resisting the claim of the appellant, the 2nd respondent insurance company filed a counter affidavit. In its counter, the 2nd respondent has denied the occurrence of the accident. It also stated that the driver of the auto was not having valid licence and there is no subsisting policy in respect of the auto. Further, it had no initmation about the involvement of the vehicle in the accident. It further pleaded that the compensation claimed was excessive and exorbitant. Based on the above pleadings, the following issues were settled for trial. 1. Whether the accident is occurred on account of rash and negligence on the part of the driver of the crime vehicle auto bearing No. AP 23 T 4617 ? 2. That the petitioner is entitled to compensation, if so, to what amount and from which respondent ? 3. To what relief ? On behalf of the appellant, the appellant got himself examined as P.W.1 besides examining two other witnesses as PWs. 2 and 3. He also got marked Exs. A1 to A8. On behalf of the respondents, no oral or documentary evidence was adduced. Ex.C1 was marked. On a consideration of the evidence on record, the Court below granted an amount of Rs. 55,000/- as compensation. Being dissatisfied with the amount of compensation awarded by the Tribunal, the appellant filed the present appeal. Learned counsel for the appellant -claimant contended that the Tribunal has not appreciated the evidence in proper perspective and granted a meagre amount of Rs. 55,000/- as compensation. He further contended that though the appellant sustained multiple injuries, which are grievous in nature, the Tribunal has not granted any amount towards loss of earnings. Hence the compensation granted by the Court below needs to be enhanced. On the other hand, learned counsel for the 2nd respondent supported the impugned Award and stated that the same does not require any interference. In the instant case, there is no dispute about the occurrence of the accident. The only question, which needs to be considered is whether the appellant is entitled for enhanced amount of compensation over and above Rs. 55,000/- ? There is no dispute about the fact that the appellant sustained fracture of multiple ribs of right side besides dislocation of right shoulder bone. He also sustained injuries to his head, spinal card, both legs and hands in the accident in question, which are grievous in nature. Hence, the Court below ought to have granted reasonable amount towards compensation for those injuries. Accordingly, I feel it appropriate to grant an amount of Rs. 45,000/- as compensation for the injuries sustained by him instead of Rs.30,000/- as awarded by the Tribunal. In addition to this, the appellant is entitled to an amount of Rs.5,000/- towards medical expenses, Rs.2,000/- towards transportation charges; Rs. 3,000/- towards extra nourishment and Rs.15,000/- towards loss of earnings as awarded by the Tribunal. In all, the appellant is entitled to an amount of Rs. 70,000/- as compensation. Accordingly, the appellant-claimant is awarded a sum of Rs. 70,000/- as compensation instead of Rs.55,000/- as awarded by the Tribunal. The enhanced amount of compensation shall carry interest at 7% per annum from the date of petition till the date of realisation. The appeal is allowed to the extent indicated above. No costs. _________________________ GHULAM MOHAMMED,J Date: 31.3.2011 pnb