HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.708 OF 2000 Dated: 28.04.2010 BETWEEN: Adamelli Laxmikantham .. Appellant And D.Nageswara Rao and another .. Respondents HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.708 OF 2000 JUDGMENT: This appeal is filed by the claimant challenging the award, dated 27.06.1995 passed by the Motor Accident Claims Tribunal cum Additional District Judge, Eluru, West Godavari District in O.P.No.136 of 1990. 2. The appellant who is a woman, aged 35 years received injuries in a motor vehicle accident occurred on 22.01.1990 at about 3.00 PM on account of the rash and negligent driving of the lorry bearing No. ABK 1039 by the first respondent. This appeal is filed only challenging the quantum of compensation on the ground that it is not just and reasonable and requires enhancement. 3. I have heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the respondents 2 and 3. 4. The learned Tribunal basing on the evidence forthcoming had recorded a categorical finding that the offending vehicle i.e lorry bearing No. ABK 1039 does not belong to the second respondent and consequently exonerated the second respondent-insured and the third respondent-insurer from liability to pay compensation and fastened the liability on the first respondent, who was the driver of the lorry at relevant time. The said finding attained finality since it is not challenged by any of the parties. Therefore, we are only concerned with the question as to whether the compensation granted by the learned Tribunal is just and reasonable and whether it requires any enhancement. 5. The learned Tribunal basing on the evidence of PW.1 and the contents of Ex.A.3 wound certificate having held that the appellant received simple injuries, had granted Rs.5,000/- as compensation. A perusal of Ex.A.3-wound certificate indicates that the appellant received four simple injuries, therefore, for the four simple injuries, an amount of Rs.3,000/- each can be granted as compensation i.e. Rs.3,000/- x 4 = Rs.12,000/-. This apart an amount of Rs.2,000/- can be granted towards pain and suffering. In all, the appellant is entitled for an amount of Rs.14,000/- as compensation. The first respondent-driver alone is liable to pay compensation to the appellant. 6. With the above enhancement in the compensation, the appeal is partly allowed. There shall be no order as to costs. _______________ R.KANTHA RAO,J Dated: 28.04.2010 Kvrm HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.708 OF 2000 Dated: 28.04.2010