THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL Nos.2426 of 2003 and 286 of 2004 ORAL COMMON JUDGMENT: Heard both sides. Both the appeals arise out of the same order, hence they are heard together and disposed of by a common judgment. C.M.A.No.2426 of 2003 is filed by the National Insurance Company Limited challenging the quantum of compensation awarded by the Principal District Judge- cum-Motor Accident Claims Tribunal, Kurnool (for brevity “the Tribunal”), in M.V.O.P.No.1211 of 2000, by the order, dated 18.02.2003, wherein and whereunder a sum of Rs.1,22,370/- was awarded as compensation for the injuries sustained by the petitioner therein, in a road accident that occurred on 09.08.2000. C.M.A.No.286 of 2004 is filed by the claimant in the said O.P. seeking enhancement of the compensation awarded by the Tribunal. In the memorandum of grounds of appeal, it has been contended that the driver, who caused the accident had no valid driving licence. But, from the impugned order passed by the Tribunal, it appears that no such ground was taken anywhere by the insurance company before the Tribunal. Only one witness-R.W-1 was examined on behalf of the insurer. He is also not an eye-witness to the accident. For the first time, this ground is urged before this Court. Therefore, the said ground is rejected and the Tribunal was absolutely right in going into the merits of the case and fastening the liability on the insurer. This is a case, where the claimant sustained injuries in the said accident. The doctor who was examined as P.W-2 stated that the claimant was limping and there was shortening of left lower limb about 3”, stiffness of the left hip, left ankle. He further deposed that the claimant suffered partial and permanent disability of about 35% to 45% and advised for further operation for removal of the screws. As per Ex.A-2-wound certificate, the claimant received four injuries, out of which, injury Nos.2, 3 and 4 are grievous in nature. All these three injuries are fractures. It is also on record that the claimant was in hospital for a considerable period. Therefore, having taken stock of the whole situation, the Tribunal had rightly fixed a sum of Rs.1,22,370/- as compensation, to the claimant for the injuries sustained by him in the accident, which is just and reasonable. For the foregoing reasons, C.M.A.No.2426 of 2003 is liable to be dismissed. Accordingly, C.M.A.No.2426 of 2003 is dismissed. In view of the dismissal of C.M.A.No.286 of 2004, no further orders need be passed in C.M.A.No.286 of 2004 and the same is also dismissed. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 19th August 2010 dr