HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1783 of 1999 JUDGMENT: Heard the learned counsel appearing for the appellant/claimant. There is no representation on behalf of the insurance company. 2. This appeal is directed against the judgment passed by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Vizianagaram, in O.P.No.512 of 1997. 3. The injured/claimant filed the claim petition for compensation of Rs.1,00,000/- on account of the injuries sustained by him in a motor vehicle accident. The learned Tribunal by its award dated 12.3.1999 granted an amount of Rs.10,276/- as compensation under various heads. 4. Challenge to the award is on the ground that the compensation granted by the Tribunal below is very low and deserves to be enhanced. 5. The point, therefore, that arises for consideration is whether the amount of compensation granted by the Tribunal is just and reasonable or whether it needs any enhancement? 6. The claimant was said to be labourer working in Aruna Jute Mills, Vizianagaram, and he was aged about 35 years on the date of accident. It is his pleading and the evidence that on 4.8.1996 at about 3.30 PM, while he was proceeding on the road by foot, the lorry bearing No.AEV 7002, which was driven in a rash and negligent manner by its driver dashed him from behind the vehicle which was coming in the opposite direction, the petitioner sustained injuries, the grievous as well as the simple injuries on the neck, hand and legs and head. He was shifted to Government hospital and was treated as inpatient for two months. 7. “Ex.A.2 Certified copy of wound certificate shows that the petitioner sustained five injuries, out of which injury Nos.2 and 4 are grievous in nature. They are abrasion on the back of right scapula extending over an area of 10X 6 cms and pain in right hand wrist and to prove the document under Ex.A.2”. PW.3 Dr.A.Sriramamurthy was examined. 8. According to the doctor, injury Nos.2 and 4 are grievous in nature and the remaining two injuries are simple in nature. PW.3 assessed the disability at 15% and according to him, the claimant is not able to do the labour work properly. He also stated that the claimant cannot lift or carry weights with his right hand. However, the claimant did not file any disability certificate. 9. In the absence of any disability certificate, which furnishes the basis for the disability sustained by the claimant, it is not possible for this Court to grant any compensation towards loss of earnings or towards permanent disability said to have been sustained by the claimant. However, the claimant can be reasonably compensated for the grievous and simple injuries sustained by him and also under the other relevant heads. For the grievous injuries sustained by the claimant, an amount of Rs.30,000/- (15,000 + 15,000) for two simple injuries sustained by the petitioner a sum of Rs.6,000/- (3,000 + 3,000) can be granted. This apart, an amount of Rs.10,000/- can be granted towards pain and suffering. Further, despite the fact that the petitioner had undergone treatment in the Government hospital, there is every possibility for incurring some medical expenditure for the purchase of medicines which are not available in the Government hospital. Thus, considering the nature of injury sustained by the petitioner and the kind of treatment he had undergone an amount of Rs.5,000/- can be granted to the petitioner towards medical expenditure, even though no medical bills have been produced by the claimant. Thus, in all the petitioner is entitled for compensation of Rs.51,000/-. The Tribunal awarded compensation of Rs.10,276/-. The enhancement therefore would be Rs.40,724/-. 10. In the result, with the modification of the award passed by the Tribunal by enhancing the compensation from Rs.10,276/- to Rs.51,000/-, the appeal is partly allowed. Since, the accident relates to the year 1996, the appellant/claimant is permitted to withdraw the entire amount together with interest at 12% p.a.. There shall be no order as to costs. _______________ R.KANTHA RAO,J 11th September, 2009 PNV THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1783 of 1999 Dt.11.9.2009