HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.814 of 2008 Date: 01-7-2011 Between Mohd. Safiuddin … Appellant/Claimant and G.Muralidhar and another … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.814 of 2008 Judgment: Being aggrieved by the judgment and decree dated 10-12-2007 in O.P.No.1421 of 2006 on the file of the VII Additional Metropolitan Sessions Judge cum XXI Additional Chief Judge, Hyderabad the present civil miscellaneous appeal is filed by the appellant-claimant. 2. The appellant filed O.P.No.1421 of 2006 claiming compensation of Rs.2,00,000/- for the injuries sustained by him in a road traffic accident that occurred on 27-8-2004. By considering his evidence and the documents placed by him, the tribunal below awarded compensation of Rs.45,000/- against all heads. Being aggrieved, the present civil miscellaneous appeal is filed. 3. It is the main contention of the appellant-claimant herein that the tribunal below awarded only meagre compensation of Rs.45,000/- though there is disability of 30% and therefore, the claimant is entitled for enhancement of compensation. 4. Learned Standing Counsel for the 2nd respondent-Insurance Company while supporting the judgment of the tribunal below, disagreed with the contention of the appellant. 5. Now, the point for consideration is -- whether the appellant- claimant is entitled for enhancement of compensation ? 6 . Point:- As seen from the impugned order, the factum of accident is not disputed. P.W.1 is the injured and P.Ws.2 to 4 are the doctors who treated him in different hospitals. According to P.W.2 Dr. N.Pawan Kumar, Community Health Centre, Vikarabad the claimant sustained an injury with laceration of 10 X 1 X ½ cm on the center of head, tenderness fracture of both bones of right lower limb with laceration measuring 1 X ½ cm and was referred to Osmania General Hospital, Hyderabad. 7. Dr. Khaja Adil Ahmed, Senior Resident Orthopaedic in Princess Esra Hospital, Hyderabad as P.W.3 deposed that as per Ex.X-1 case sheet, the appellant was admitted in their hospital on 20- 11-2004 and found non-union of the fracture of right tibia and that the injured was operated on 23-11-2004 interlocking nailing was done with bone grafting and was discharged on 04-12-2004. 8. Another doctor, Dr. J.Subash Rao, Working Consultant, Orthopaedic Surgeon in Basanth Sahani Hospital, Secunderabad was also examined as P.W.4. According to him, he perused the discharge summary issued by Esra Hospital and came to know that the injured sustained fracture of right tibia and fibula and underwent surgery. It is also his evidence that the petitioner developed cellulites of right leg and was advised appropriate treatment and he assessed the disability at 30% partial and permanent and issued Ex.A-6 disability certificate. 9. On a combined reading of the evidence of P.Ws.1 to 4, it is an admitted fact that the injured sustained grievous injuries and underwent surgery and interlocking nailing with bone grafting was done. The injured was aged 29 years as on the date of accident and was a labourer. Therefore, while taking into consideration the grievous injuries sustained by him and as he being a labourer, granting of Rs.25,000/- towards the fractures is very meagre and accordingly an amount of Rs.30,000/- towards the fracture injuries, Rs.15,000/- towards ‘pain and suffering’ against the award of Rs.10,000/- and Rs.20,000/- towards medical and other incidental charges against the award of Rs.10,000/- would suffice to meet the ends of justice. 10. With this modification, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.45,000/- to Rs.65,000/- (Rupees sixty five thousand only). No costs. ___________________ K.S.APPA RAO, J. 01st July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.814 of 2008 01st July, 2011.