THE HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No. 351 of 2008 JUDGMENT: Aggrieved against the judgment and decree dated 9.10.2007 in O.P.No. 153 of 2004 on the file of the Motor Accident Claims Tribunal-cum-IV Addl. District Judge(FTC), Nizamabad, the present M.A.C.M.A. is preferred. Appellant herein is the petitioner in O.P.No. 153 of 2004. He filed petition claiming compensation of Rs. 4 lakhs for the injuries sustained by him in the road traffic accident. The tribunal below while evaluating the evidence adduced on behalf of the claimant awarded an amount of Rs. 9,000/- on all heads. Aggrieved with the same, the present M.A.C.M.A. is filed. The learned counsel for the appellant mainly urged that the petitioner received two grievous injuries and the same is supported by the medical evidence Ex.A-3 and the evidence of P.W.2 and considering the evidence of P.W.2 and Ex.A-3 and tribunal below granted only meager compensation which is unsustainable. Now the point for consideration is whether the appellant is entitled for any enhancement of compensation. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal below. Appellant herein is the petitioner filed O.P.No. 153 of 2004 claiming compensation of Rs. 4 lakhs on the ground that he sustained injuries in a road traffic accident due to rash and negligent driving of the offending vehicle bearing No. AP 25 H 5522. The factum of accident was not disputed. In proof of the accident, the injured himself was examined as P.W.1 and filed Ex.A-1 Certified coy of F.I.R., Ex.A-2 Certified copy of charge sheet, Ex.A-3 certified copy of wound certificate and Ex.A-4 certified copy of judgment in C.C. No. 293 of 2003 on the file of the Additional judicial Magistrate of First Class, Nizamabad. According to P.W.1, he received a fracture of public rami pelvis, fracture to right fore arm both bones, head injury, multiple and grievous injuries on various parts of the body. It is the evidence of P.W.1 that he was treated by P.W.2 Dr. T. Narsing Rao, M.S. Orth. Nizamabad and underwent surgery and spent nearly Rs. 90,000/- towards the treatment. Dr. T. Narsing Rao was examined as P.W.2. According to him on 21.2.2003 he examined the petitioner and found the following injuries: 1. Fracture public arami of pelvis. 2. Fracture of both bones of the right fore arm. He is of the opinion that the above injuries are grievous in nature. The tribunal below while assessing the gravity of the injuries awarded an amount of Rs. 2,000/- towards the loss of earnings, Rs. 2,000/- towards the transportation and medical expenses. Rs. 3,000/- towards the pain and suffering and Rs. 2,000/- towards the pain and suffering and for injuries. It is an admitted fact that as per the evidence of P.W.2 and Ex.P-3 wound certificate, the petitioner sustained two grievous injuries. Therefore, in my view the award of compensation granted by the tribunal below for the said injuries are very meager and accordingly, an amount of Rs. 20,000/- to each grievous injury is granted which comes to Rs. 40,000/-, besides granting a sum of Rs. 10,000/- towards the pain and suffering. Though the petitioner did not file any authenticated documents in proof of the expenditure incurred towards the treatment, while taking into consideration the gravity of the injuries an amount of Rs. 10,000/- is granted towards the expenditure besides granting Rs. 3,000/- towards the loss of earnings. In total a sum of Rs. 63,000/- is granted towards the compensation. However, the interest granted by the lower Court at 7.5% is reduced to 6% per annum. In the result, the M.A. C.M.A. is allowed and the compensation is enhanced to Rs. 63,000/- against the award of Rs. 9,000/- granted by the tribunal below. The rate of interest granted by the lower Court at 7.5% is reduced to 6% by applying the decision reported in SARLA VERMA (SMT) & OTHERS Vs. DELHI TRANSPORT CORPORATION & OTHERS[1]. ___________________ 30.4.2011 CHV [1] 2009(6) S.C.C. 121