THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 3123 of 2011 JUDGMENT: The appeal is ﬁled against the judgment dated 18.10.2004 in O.P.No.302 of 2001 on the ﬁle of the Motor Accident Claims Tribunal-cum-VII Additional District Judge, Guntur. The petitioner has ﬁled a claim application for compensation of Rs.50,000/- for the injuries received by him on 25.09.1997 at about 9.00 a.m. when he is said to be traveling in a car bearing No.MJL/4421, a lorry bearing No.AP 16U/5649 came in a rash and negligent manner and dashed against the car, as a result of which, he received injuries and another person died. The petitioner claims to have received multiple injuries all over the body and spent money for treatment. The 1st respondent is the owner and the 2nd respondent is the insurance company and both of them are jointly and severally liable to pay compensation. The 1st respondent remained ex parte and the 2nd respondent ﬁled written statement denying the claim of the petitioner and further contended that the injuries sustained by the petitioner are simple in nature and they were already heeled and they were exaggerated for the purpose of compensation. The liability of the insurance company is also disowned. After considering the evidence on record, the lower Tribunal dismissed the claim of the petitioner and aggrieved by the same, the present appeal is filed. The point for consideration is whether the petitioner is entitled for the compensation and if so, to what amount? POINT: So far as the nature of the incident is concerned, there is no dispute. In fact, the complaint is said to have been given by the petitioner himself, on the basis of which the FIR was registered and investigation was done. This fact was also accepted by the lower Tribunal. However, the lower Tribunal has dismissed the claim of the petitioner on the ground that no wound certiﬁcate was ﬁled and there is no allegation in the charge sheet that the petitioner was also received injuries. It appears from the record that the petitioner has summoned the accident register from the Osmania General Hospital, Hyderabad but it was not marked. However, it is to be noted that the written statement ﬁled by the insurance company clearly goes to show that the petitioner has received only simple injuries. That being so, there cannot be any doubt for the lower Tribunal to say that the petitioner has not received any injuries. Since the petitioner has not proved the nature of the injuries received by him, I feel the ends of justice would meet, if a compensation of Rs.5,000/- is granted. Therefore, an amount of Rs.5,000/- (Rupees ﬁve thousand only) is granted to the petitioner as compensation with interest at 7.5% p.a. from the date of petition till the date of realization. Accordingly, the appeal is partly allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 30-11-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 3123 of 2011 DATE: 30-11-2011 MR