THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.2193 of 2003 JUDGMENT: This civil miscellaneous appeal is preferred aggrieved by the order and decree dated 27.01.2003 in M.V.O.P.No.53 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Guntur. The lower court in the aforesaid O.P. granted compensation of Rs.13,000/- as against the claim of the appellant for Rs.75,000/-. The brief facts of the case are as follows: The appellant herein is the claimant in the main O.P. It is the case of the appellant that he is the cleaner of the lorry bearing No. KRQ 6471. On 17.05.1996 at about 6.00 A.M., while the said lorry was stationed on the left side of G.T.Road near Pothuru cross road, the driver of lorry bearing No. AP 16 T 998 belonging to the first respondent drove it in a rash and negligent manner without taking proper care and caution and dashed against the stationed lorry, as a result of the same, the appellant received grievous injury to his left leg and became permanently disabled. Learned counsel appearing for the appellant vehemently argued that the finding of the lower court is erroneous and the disability of the injured may be taken into consideration for enhancement of compensation. Now the point for consideration is whether the appellant is entitled for enhancement of compensation as urged. The appellant examined himself as PW1 and examined PW2- Dr. M. Ramamohana Rao and got marked Exs.A1 to A4 and Ex.X1. None were examined on behalf of the respondents and no documents were marked. M.S. Patali Neson is the appellant in this case. He filed claim petition before the lower court claiming compensation of Rs.75,000/- on the ground that he sustained injuries in the accident. PW2 is the doctor who treated PW1 and issued wound certificate. The appellant is the cleaner and he sustained injuries along with the driver of the lorry on the date of the accident. The manner in which the accident occurred was not disputed. As per the evidence of PW2-Dr. M. Ramamohana Rao, that he treated the appellant in the Government Hospital, Guntur and applied plaster of paris to the bone injury on his left leg. In support of his evidence Ex.X1 the case sheet and Ex.A2 the O.P Chit were marked. Ex.A4 is the certified copy of the calendar judgment dated 13.08.1999 in C.C. 239 of 1998 on the file of Judicial First Class Magistrate-cum-Special Mobile Magistrate, Guntur wherein it is noted that the appellant was examined as PW9. According to him, he sustained fracture injury. The accused in the said C.C. was convicted for the offences under Sections 304-A and 332 I.P.C. The charge sheet was also filed under same sections. As per the charge sheet averments and finding of the learned Magistrate in the said case the appellant sustained grievous injury. Therefore, in the totality of the circumstances, the injury sustained by the appellant is grievous in nature but the compensation was granted by the lower court on the premise that the injury sustained by the appellant was simple. Viewed from any angle, in the totality of the circumstances as stated supra, the appellant sustained grievous injury in the accident for which he is entitled for compensation of Rs.20,000/- for grievous injury and the same is granted accordingly. With this modification, the civil miscellaneous appeal is allowed in part K.S.APPA RAO,J Dt. 2011 lvl THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.2193 of 2003 Dt. 04.02.2011