THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.3684 OF 2003 JUDGMENT: This civil miscellaneous appeal is filed by the petitioner- claimant in O.P.No.1271 of 2001 on the file of the Motor Accidents Claims Tribunal, Warangal against the judgment and decree dated 15.07.2003. 2. Heard. 3. The case of the petitioner-claimant is as follows: On 18.04.200 while the petitioner was coming in Maruthi Car bearing No. AP 36 E 9473 along with her brother and his wife and sister in between Girnibhavi and Laxmipuram, the auto trolly bearing No. AP 36 U 4156 driven by R1 came in a rash and negligent manner and dashed against the car, on account of which, the petitioner in O.P.No.1276 of 2001 received multiple injuries along with his sister, who is the petitioner in the present O.P.1271 of 2001. O.P.No.1276 of 2001 is also disposed of simultaneously along with this petition by a common order. The petitioner and her brother were referred to MGM Hospital, Warangal, from there, to Apollo Hospital. She claimed compensation of Rs.1,50,000/-. Respondent filed counter denying the claim of the petitioner. On the basis of above pleadings, the following issues were framed: 1. Whether the accident is due to rash and negligent driving of the driver of the vehicle? 2. Whether the petitioner sustained any injuries and disability and is entitled to claim compensation, if so to what amount and from whom? 3. To what relief? 4. On behalf of the petitioner, P.Ws.1 to 5 were examined and Exs.A1 to A11 were marked. No oral evidence was adduced on behalf of the respondents, but Ex.B1 the insurance policy was marked. On the basis of the material on record, the Court below granted compensation of Rs.50,000/- to the petitioner. Aggrieved by the same, the present appeal is filed by the petitioner-claimant as stated above. 5. Now, the point for consideration is whether the petitioner is entitled for any higher compensation? 6. There is no dispute about the accident and the petitioner received injuries. The learned counsel for the petitioner-appellant contends that the petitioner received two fractures -- right knee, right arm and dislocation of right hip joint. The Court below awarded compensation of Rs.50,000/- which is disproportionate. The petitioner underwent treatment in Apollo hospital and spent Rs.1,50,000/- and she is permanently disabled. Ex.A.10 medical certificate from M.G.M.Hospital, Warangal reveals fracture to right leg and right hip. The evidence of PW.3 Medical Officer who examined the petitioner in the present O.P. shows that the petitioner got fracture to right leg, blunt injury to hip both bones, fracture to right leg and dislocation of hip joint. The petitioner has not filed any document to show that the injuries did not heal or that she was put to any disability. However, the trial court did not give any compensation for the disability she suffered on account of the accident. Rs.40,000/- was granted for pain and suffering and another Rs.10,000/- was granted towards medical expenses and attendant charges. For loss of earnings and permanent disability suffered on account of the accident, no amount is awarded. On account of fracture and other injuries, the petitioner must have been out of work for some time and she must have suffered inconvenience and at least some permanent disability. Considering all these circumstances, I am inclined to grant another amount of Rs.50,000/-. 7. Accordingly, the C.M.A. is partly allowed enhancing the compensation from Rs.50,000/- to Rs.1,00,000/-. Interest on the enhanced amount of compensation at 6% per annum. No order as to costs. ______________________ P. SWAROOP REDDY, J. 29th November 2010. PNV