HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.1715 OF 2002 JUDGMENT: Aggrieved of the order in O.P. No.670 of 1997 dated 12-10-1999 passed by the learned Chairman, Motor Accidents Claims Tribunal – cum – District Judge, Adilabad, this Civil Miscellaneous Appeal is filed by the claimant seeking enhanced compensation. 2. The case of the claimant is that on 09-02-1997 at about 8-00 P.M., while he was proceeding on a motorcycle from Nirmal to Bhainsa, near Nandanam village, the tractor-trailor bearing No.AP.1.C - 1937 and 1938 came in a rash and negligent manner and hit his motorcycle causing injuries to him. He suffered several injuries including fracture of his right thighbone. He was shifted to Government Hospital, Bhainsa and from there to Government Hospital, Nizamabad and he has taken treatment in a private hospital viz., Thirumala Orthopaedic Hospital, Nizamabad, where he was treated as inpatient for a period of one and half month and a steel rod was inserted in his right thigh. He suffered permanent disability. Hence, he claimed a compensation of Rs.1,25,000/-. 3. Respondent No.2 – New India Assurance Company Limited (for shot “Insurance Company”) filed its counter denying the case of the claimant. 4. Along with the impugned O.P. No.670 of 1997, O.P. No.667 1997 was also disposed of by the Tribunal as the other person, who also suffered injuries in the same accident, filed the same claiming compensation. 5. Based on the above pleadings, the Tribunal framed the following issues: 1. Whether the petitioner sustained injuries in the accident occurred on 09-02-1997 due to rash and negligent driving of tractor No.AP.1.C.1937 and trailor No.AP.1.C.1938 by its driver ? 2. Whether the petitioner is entitled to any compensation ? If so, to what amount and against which of the respondents ? 3. To what relief ? 6. On behalf of the claimant, he got examined himself as PW.1 and got marked Exs.A-1 to A-9. On behalf of the insurance company, no oral evidence was adduced, but Exs.B-1 to B-3 were marked. 7. Based on the material on record, the learned trial Judge granted a compensation of Rs.47,373/- i.e., Rs.1,500/- each for three simple injuries, Rs.25,000/- towards fracture of thighbone, Rs.10,873/- towards medical expenses, Rs.5,000/- towards pain and suffering and Rs.2,000/- towards loss of income. 8. Questioning the quantum of compensation and seeking enhancement of the same, this appeal is filed by the claimant. 9. Now, the only the question that arises for consideration is whether the quantum of compensation awarded to the claimant by the learned trial Judge is appropriate ? 10. Heard both sides and perused the material on record. 11. According to the evidence of the claimant as PW.1, immediately after the accident, he was shifted to Government Hospital, Bhainsa, from there to Government Hospital, Nizamabad and he has also taken treatment in a private hospital viz., Thirumala Orthopaedic Hospital, Nizamabad, where he has undergone surgery for the thighbone fracture and steel rod was inserted in his thigh. He was treated as inpatient in that hospital for ten days and spent Rs.20,000/- for treatment. He was bedridden for one and half year after the incident as steel rod was not removed from his thigh. 12. The claim of the claimant that he was bedridden for one and half year on account of the injuries suffered by him cannot be accepted. However, he might have spent about Rs.20,000/- for the treatment, which include transportation and extra nourishment etc. 13. Considering the circumstances, enhancing the compensation by Rs.10,000/- to the compensation already awarded by the Tribunal would meet the ends of justice, as it has awarded only Rs.10,873/- towards medical expenses based on the medical bills produced by the claimant. However, it is possible that the claimant would have spent some more amount towards medical expenses and bills might not be there for the expenses towards transportation and extra nourishment etc. 14. In view of the above findings, the compensation of Rs.47,373/- awarded by the Tribunal is enhanced by Rs.10,000/- (Rupees ten thousand only). Thus, the total compensation awarded to the claimant comes to Rs.57,373/-. The petitioner is entitled to interest on the enhanced compensation of Rs.10,000/- at 8% per annum. 15. Accordingly, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. __________________ P. SWAROOP REDDY, J June 15, 2010. PV