IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.No.1714 of 2003 DATE:19.11.2010 Between: B.Shiva …… Appellant And Yellaiah and 2 others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.No.1714 of 2003 JUDGMENT: The claimant filed this appeal against award dated 26.09.2001 passed by the Motor Accident claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad, seeking dissatisfied with the quantum of compensation awarded therein. As against the claimant’s claim of Rs.1,00,000/- the lower Tribunal awarded compensation of Rs.30,000/-. 2) As per Ex.A-3 wound certificate, the claimant sustained three simple injuries viz., (1) small abrasion over right ring finger, (2) abrasion extending from lateral side of the thigh to the middle of the right leg and (3) small laceration over the left foot. The claimant was treated in Gandhi Hospital, Secunderabad. The minor claimant was examined as P.W-1 and his father was examined as P.W-2 before the lower Tribunal. Except filing certain documents, the claimant did not examine any persons relating to those documents. Ex.A-6 is disability certificate to the affect that the injured was having 25% disability. The doctor who issued the said disability certificate with the above percentage of disability to the injured, is not examined in order to substantiate the percentage of disability with reasons. It is contended by the appellant’s counsel that the injured had also undergone plastic surgery. Even for proving the said plastic surgery, except Ex.A-7 O.P.Card issued by Gandhi Hospital, the doctor who conducted the said surgery is not examined nor case sheet was summoned. In the absence of any medical evidence before the Tribunal, the Tribunal was generous enough to award total compensation of Rs.30,000/- to the injured. For three simple injuries, the lower Tribunal awarded Rs.15,000/- towards pain and suffering, Rs.5,000/- towards medical expenses and Rs.10,000/- towards loss of earning capacity for the alleged disability. I do not find any reasons muchless legal reasons to enhance the compensation amount on any of the heads, particularly in the absence of proof by way of medical evidence. 2) In the result, the appeal is dismissed with costs. _______________________________ SAMUDRALA GOVINDARAJULU, J November 19, 2010 ksh