THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.3346 of 2003 JUDGMENT: This civil miscellaneous appeal is preferred aggrieved by the order and decree dated 05.05.2003 in O.P.No.631 of 1996 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Rangareddy District. The brief facts of the case are as follows: On 02.07.1996 at about 8.30 A.M., while the appellant was proceeding towards Kusiaguda from Moulali along with his employer on the scooter as a pillion rider, a bus bearing No.AP 9Z-4563 came in rash and negligent manner in opposite direction and dashed the scooter, on account of which the scooter fell and appellant sustained multiple injuries, including right leg fracture and his employer sustained head injury. The appellant was shifted to Gandhi Hospital for treatment. Learned counsel for the appellant argued that the Tribunal erred in granting a meagre amount of Rs.3,000/- against the claim of Rs.1,00,000/- and that the finding of the Tribunal is not reasonable. Now, the point for consideration is whether the appellant is entitled for any enhancement of compensation. As seen from the impugned order, the appellant-injured was examined as PW.1, while none others were examined to prove the injuries sustained by him. Though PW.1 filed Ex.A.5 wound certificate, the doctor who issued the said certificate is not examined to prove the alleged disability. In the absence of medical evidence on that score, the Tribunal granted only Rs.3,000/- towards compensation for the alleged injuries sustained by the appellant. However, it is to be noted that Ex.A.5 the disability certificate was issued by Assistant Surgeon. As such, I have no hesitation to place reliance on its authenticity. Ex.A.3 charge sheet was also filed against the driver of the offending vehicle. Admittedly, the injured is aged 35 years and a labourer. In a case of this nature, the circumstances of the case and the evidence on record to be taken into consideration, while granting compensation to the victims in motor vehicle accidents cases. Having regard to the facts and circumstances that the appellant- injured being the labourer, aged 35 years, and Ex.A.5 purported to be disability certificate issued by Assistant Surgeon, I am of the considered opinion that granting an additional sum of Rs.2,000/- would be just and reasonable, in the interest of justice. In view of the above, the amount of compensation of Rs.3,000/- granted by the Tribunal for the injuries sustained by the appellant, is enhanced to Rs.5,000/- and the order under appeal is accordingly modified. With the above modification, the appeal is allowed in part. No costs. ____________________ K.S.APPA RAO,J 24th February, 2011 PNV