IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR CIVIL MISCELLANEOUS APPEAL No.3645 of 2000 Between: G.Rajaiah ..... Appellant AND Mahender Reddy and another. ....Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR CIVIL MISCELLANEOUS APPEAL No.3645 of 2000 JUDGMENT : This appeal is filed by the claimant seeking enhancement of compensation. In a road accident, which occurred on 07.11.1996 while the claimant was proceeding on a scooter bearing No.AP 28 E 8286, the offending vehicle lorry bearing No.AP 28 T 5015 came in a opposite direction with high speed and dashed against the scooter. On account of the said accident, the claimant suffered injuries, for which he was initially treated at Osmania General Hospital and also at Yashodha Hospital. The injuries were ultimately treated at both the said hospitals and later the present claim petition is filed seeking compensation of Rs.80,000/-. The entire evidence adduced by both the parties was considered by the tribunal and on finding that the offending truck has driven in a rash and negligent manner and proceeded to consider the compensation payable to the claimant. On the basis of the claim made by the claimant as per Ex.A-3 bunch of prescriptions and Ex.A-4 bunch of medical bills the total claim of Rs.10,324/- as claimed by the claimant was granted towards medical reimbursement. To the extent of pain and suffering an amount of Rs.6,500/- was claimed and the same was also granted. Further to the extent of loss of earnings the claimant claimed at Rs.8,000/-, out of which a sum of Rs.5,000/- was awarded as compensation. Thus, aggregating an amount of Rs.22,000/- was granted by the tribunal. Dissatisfied by the said amount and not granting any compensation for the permanent disability caused due to injuries to an extent of Rs.49,200/-, the present appeal is filed. Heard the learned counsel for the appellant and learned counsel for the respondent-insurance company. It is contended by the learned counsel for the appellant that the injuries suffered by the claimant have not been compensated as the compensation granted only with respect to the medical expenses, pain and suffering and loss of earnings. The accident occurred on account of the rash and negligent driving, which has not been compensated by the tribunal below. Learned counsel for the respondent contends that according to the nature of injury, almost all the claims made by the claimant have been granted by the tribunal below and the appeal warrants no interference. I have considered the aforesaid submissions. It is no doubt true that the medical expenses as prayed for as covered by Exs.A-3 and A-4 are rightly considered and granted by the tribunal below. Further loss of earnings as well as pain and suffering has been compensated properly. The medical record in this case, however, shows that none of the injuries are such as to cause any disability either temporarily or permanently. There is neither medical evidence nor even the medical certificate produced to show the disability either temporary or permanent. Injuries therefore being simple in nature and are already treated, the impugned order granting compensation under various heads ordered by the tribunal is clearly justified. It is, however, true that to the extent of injuries suffered by the claimant requiring hospitalization in two hospitals and treatment remained to be considered. Keeping in view of the injuries being simple in nature, I deem it appropriate to grant a sum of Rs.10,000/- as compensation towards the extent of treatment for the injuries caused to the claimant. Accordingly, the appeal is allowed in part and the award of the tribunal below shall accordingly stand modified by granting a further sum of Rs.10,000/- (Rupees ten thousand only) together with interest at 7.5% p.a. from the date of claim till the date of realization. No order as to costs. _________________________ JUSTICE VILAS V.AFZULPURKAR NOVEMBER 25, 2009 KSH