THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.1768 of 2003 JUDGMENT: This civil miscellaneous appeal is filed against the judgment and decree of the Motor Accidents Claims Tribunal, Warangal, in O.P.No.898 of 1999, dated 13.02.2003. Petitioner-claimant is the appellant herein. 2. Heard. 3. According to the claimant, on 29.11.1998 when he was returning on scooter and reached petrol pump at Hanamkonda, the auto rickshaw bearing No.AAT 4430 came in a rash and negligent manner and dashed his scooter, on account of which, he received multiple injuries and he was treated as inpatient in hospital for three days. He claimed compensation of Rs.92,000/-. 4. The insurance company filed counter denying the petition allegations. 5. On the basis of the above pleadings, the following issues were framed: 1. Whether the accident is due to rash and negligent driving of the driver of the vehicle? 2. Whether the petitioner sustained any injuries and disability and is entitled to claim compensation, if so to what amount and from whom? 3. To what relief? 6. On behalf of the petitioner, P.W.1 was examined and Exs.A1 to A3 were marked. On behalf of the respondent, no oral or documentary evidence was adduced. On the basis of the material on record, holding that though a copy of the case sheet was filed, it is only zerox copy and no doctor was examined in support of the averments in the case sheet, the learned Judge granted compensation of Rs.5,000/- . Aggrieved by the same, the present appeal is filed. 7. Now, the contention of the learned counsel for the petitioner- appellant is that the petitioner suffered fracture of left clavicle, as such, the compensation awarded by the learned Judge is inadequate. 8. Now, the point for consideration is whether there are any grounds for enhancing the compensation. 9. As per the FIR, the petitioner was shifted to St.Thereesa hospital after the accident. Though zerox copy of the case sheet is filed, that shows the fracture. No doubt, no medical officer was examined, but in view of the fact that the initial medical certificate shows the fracture, prima facie, the same can be accepted. But, gravity of the fracture is not known and it is only clavicle, which can be easily healed. 10. Considering these circumstances, I hold that enhancing the compensation from Rs.5,000/- to Rs.25,000/- is appropriate. Accordingly, the C.M.A. is partly allowed enhancing the compensation from Rs.5,000/- to Rs.25,000/- and interest on the enhanced amount of compensation is at 6% per annum. No costs. ____________________ P. SWAROOP REDDY, J. Date: 24.11.2010 Rns