HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.352 of 2008 Date: 24-6-2011 Between Darshanam Ashok … Appellant/Petitioner and Shaik Hyder and another … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.352 of 2008 Judgment: Heard both sides. 2. Being aggrieved against the award and decree dated 11-10-2007 in O.P.No.344 of 2004 on the file of the Motor Accident Claims Tribunal (IV Additional District Judge), (Fast Track Court), Nizamabad the present civil miscellaneous appeal is filed by the appellant-petitioner mainly urging that the tribunal below without looking into the evidence on record granted a meagre compensation of only Rs.10,000/- against his claim of Rs.2,00,000/- and sought for enhancement of the compensation. 3. Now, the point for consideration is -- whether the appellant- claimant is entitled for enhancement of compensation ? 4. Point:- The factum of accident is not disputed. The petitioner filed O.P.No.344 of 2004 claiming compensation of Rs.2,00,000/- for the injuries sustained by him in a road traffic accident on 01-5-2003. In proof of the accident he filed Exs.A-1 and A-2 certified copies of First Information Report and charge-sheet respectively. Ex.A-4 is photocopy of Insurance Policy relating to the offending vehicle in question. In order to prove the injuries on P.W.1, he also examined P.W.2 Dr. P.B.Sudhakar. 5. The tribunal below while evaluating the evidence of P.W.1 coupled with the documentary evidence Exs.A-1, A-2 and A-4 held that the respondents 1 and 2 are jointly and severally liable to pay compensation to the petitioner-claimant. The tribunal below granted only Rs.10,000/- on the ground that the petitioner failed to establish that he sustained grievous injuries and spent any amount towards treatment. 6. According to P.W.2, one Dr. Sudheer worked in the Government Hospital, Nizamabad on contract basis treated the injured in the said hospital and as he was not available in Nizamabad and went to Bangalore for higher studies, P.W.2 certified Ex.A-3 issued by Dr. Sudheer. According to Ex.A-3, the following injuries were found on the person of the claimant: (i) Fracture of both bones on the right leg causing deformity over the right leg; (ii) Fracture of the right hand bones causing swelling deformity of the right hand; (iii) Laceration over the lateral surface of the right leg, 5 x 2 x ½ cms. The doctor opined that injuries 1 and 2 are grievous in nature and injury No.3 is simple in nature. 7. As seen from Ex.A-3 wound certificate, it is an admitted fact that P.W.1 sustained two fractures, which are grievous in nature. Therefore, granting of Rs.25,000/- towards the first grievous injury i.e., fracture of both bones on the right leg causing deformity over the right leg and Rs.20,000/- towards the second grievous injury i.e., fracture of the right hand bones causing swelling deformity of the right hand and further, granting Rs.3,000/- towards the third simple injury i.e., laceration over the lateral surface of the right leg is just and reasonable. The tribunal below without examining the document Ex.A-3 and without taken into consideration the evidence of P.W.2 official witness, disagreed with the contention of the petitioner while granting compensation. 8. Therefore, while taking into consideration the gravity of the injuries, an amount of Rs.25,000/- towards the first grievous injury, Rs.20,000/- towards the second grievous injury and Rs.3,000/- towards the third simple injury, in total Rs.48,000/- is granted. The tribunal below granted Rs.3,000/- towards ‘pain and suffering’ and Rs.2,000/- towards the extra nourishment and the said amounts are modified to Rs.5,000/- towards ‘pain and suffering’ and another Rs.5,000/- towards extra nourishment and incidental charges. 9. With this modification, the civil miscellaneous appeal is allowed enhancing the compensation from Rs.10,000/- to Rs.58,000/- (Rupees fifty eight thousand only). However, interest at 7.5% per annum awarded by the tribunal below is reduced to 6% per annum on the enhanced amount of Rs.48,000/- by placing reliance on the judgment of the apex Court in SARLA VERMA v. DTC[1]. No costs. ___________________ K.S.APPA RAO, J. 24th June, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.352 of 2008 24th June, 2011. [1] (2009) 6 SCC 121