THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.698 of 2008 JUDGMENT: Aggrieved by the judgment and decree dated 15-10-2007 in O.P.No.21 of 2005 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-IV Additional District Judge, Karimnagar, (for brevity ‘the Tribunal’), the present C.M.A. is filed. 2. The appellant herein is the petitioner in O.P.No.21 of 2005. The case of the appellant is that on 14-06-2003, he met with an accident in a road traffic accident, in which he sustained injuries. He made a claim of Rs.1.00 lakh for the injuries sustained by him. The Tribunal below, while assessing the evidence on record, awarded an amount of Rs.29,500/- against the claim of Rs.1.00 lakh. Being aggrieved, the present C.M.A. is filed. 3. The learned counsel for the appellant mainly urged that the Tribunal below without taking into consideration the evidence of P.W.2, Dr.Vijay Bhaskar and documentary evidence of Exs.A-1 to A-5, awarded a meager compensation and sought for the enhancement of compensation. 4. Now the point for consideration is whether the appellant is entitled for enhancement of compensation? 5. The factum of accident is not disputed. The petitioner as P.W.1 deposed the manner in which the accident occurred and also injuries sustained by him. In support of his evidence, he examined P.W.2 and filed Exs.1 to Ex.A-5. In a case of this nature, the evidence of the doctor assumes paramount importance while granting compensation. 6. According to P.W.2, doctor, he found two fractures and carried operations and fixed the screws and plates. According to him, he examined P.W.1 on 15-06-2003 and found fracture shaft of humerus right side with radial nerve palsy and fracture right femur. Both the injuries are grievous in nature and surgery was conducted on 17-06-2003 on both the injuries and open reduction and internal fixation was done with plates and screws and nerve is repaired and discharged on 17-07-2003. He also asserted that another surgery is required for removal of implants which would costs about Rs.15,000/- to Rs.20,000/-. Therefore, in the said backdrop, granting of Rs.40,000/- towards two grievous injuries is just and reasonable. Though petitioner filed bunch of medical bills for Rs.39,000/-, the Tribunal below awarded only Rs.15,000/- towards medical expenses and the aforesaid grant is without any basis when the claimants filed the bills for Rs.39,000/-. However, the Tribunal below noted that the bills for Rs.17,000/-, Rs.3,000/- and Rs.3,000/- are without any details. Therefore, granting of Rs.20,000/-as lump sum towards medical expenses is just and reasonable. The Tribunal below granted Rs.10,000/- towards pain and suffering and Rs.3,000/- towards loss of earnings. In my view the same is sustainable and needs no further interference. Accordingly, the same is confirmed. The Tribunal below granted Rs.500/- towards transportation and Rs.1,000/- towards extra nourishment and the same is enhanced to Rs.5,000/- towards transportation and extra nourishment. In total, it comes to Rs.78,000/- (Rupees seventy eight thousand only) under all heads. 7. Accordingly, the appeal is allowed in part enhancing the compensation from Rs.29,500/- to Rs.78,000/-. The enhanced amount shall carry interest @ 6% per annum from the date of petition till the date of realization. No costs. _________________ K.S.APPA RAO,J Date: 21st July, 2011 kvr