HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A. No.3125 OF 2011 JUDGMENT: The appeal is filed by the petitioner challenging the award in M.V.O.P.No.608 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Srikakulam, questioning the compensation. 2. A claim for compensation of Rs.6,00,000/- was filed for the injuries received by the petitioner in a motor accident on 29.01.1998 while he travelling in Tata Sumo bearing No.TN.01/J 7686 driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. The lower Tribunal after considering the evidence on record, granted a compensation of Rs.66,741/-. Aggrieved by the said award, the present appeal is filed. 3. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? 4. POINT: The contention of the learned counsel for the appellant is that the petitioner has received multiple fractures and also the leg was amputated, but the lower Tribunal has not been properly considered the disability and the loss of earnings are also not been correct and the medical expenses are not properly calculated. Evidently, the burden is on the petitioner to prove about the factum of amputation and also the percentage of disability. Except filing Ex.A.16, which is said to be a certificate issued by Medical Officer, the doctors, who treated him, were not examined. Even the doctor, who amputated the leg, was also not examined. Without such proof being there, it is difficult to expect that the Tribunal to take into consideration the certificate Ex.A.16. 5. Therefore, in view of the fact that some major injuries were said to have been received by the petitioner and the claim for compensation is not properly assessed, the matter is remanded to the lower Tribunal for giving the petitioner an opportunity to prove the nature of the injuries, amputation etc., and ascertain the quantum of compensation while maintaining the compensation already granted by the lower Tribunal. If any enhancement is granted by the lower Tribunal, it is needless to say that the interest shall be carried only from the date of order of this Court. The respondents also can adduce evidence. Accordingly, appeal is disposed of. No costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:15.12.2011 INL