THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1550 of 2011 JUDGMENT: The appeal is filed against the order dated 11.06.2003 of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-III Additional District Judge, Karimnagar in O.P.No.515 of 2001. The petitioner said to have received injuries in a motor accident while traveling in an R.T.C. bus bearing No.AP-9-Z-1770 to go to Edulagattepalli village from Karimnagar and due to rash and negligent driving of the bus by its driver, he sustained multiple injuries and disability and he was bedridden for six months. The petitioner, therefore, claimed a compensation of Rs.3,00,000/-. The 1st respondent, who was driver, remained ex parte and the 2nd respondent filed a counter denying the nature of the incident and also the nature of the injuries received by the petitioner and also the claim for compensation. After considering the evidence on record, the lower Tribunal has granted a compensation of Rs.70,000/- and aggrieved by the same, the present appeal is filed. So far as the nature of the incident is concerned, there is not of much dispute about the petitioner traveling in the bus and receiving injuries in the motor accident. The 2nd respondent has not preferred any appeal challenging the order. So far as the claim of the petitioner is concerned, due to the incident, he sustained fracture to both the legs and he took treatment at Sudha Nursing Home, Karimnagar and was in hospital for 64 days and he suffered disability. He relied on Ex.A-3 bunch of medical bills and also Ex.A-6 X-ray film and Ex.A-7 medical certificate. He also examined P.W.2, who stated that the petitioner sustained a compound fracture on right leg and compound fracture on upper end of left leg and he was in hospital for about two months. He was operated and skin grafting was done. He opined that the disability could be about 40%. The lower Tribunal taking into consideration of the above facts, granted a compensation of Rs.40,000/- towards injuries and Rs.20,000/- towards disability and also Rs.10,000/- towards medical expenses and accordingly granted a compensation of Rs.70,000/-. The learned counsel for the appellant contends that the medical expenditure incurred was not properly considered and he was in hospital for two months and he lost earnings and the compensation towards disability is also very low and, therefore, the award of the Tribunal has to be set aside. Evidently, so far as the injuries are concerned, a sum of Rs.40,000/- was granted for pain and suffering, which cannot be said to be less. So far as the disability is concerned, the disability certificate is not filed. Except the evidence of P.W.2, he did not say anything about the permanent disability disabling the petitioner to take up any employment. Therefore, taking into consideration the above fact, the grant of compensation of Rs.20,000/- towards disability cannot be said to be less. So far as the medical expenses are concerned, a sum of Rs.10,000/- was granted and the bunch of bills do not also support much claim and, therefore, the compensation of Rs.10,000/- towards medical expenses cannot be said to be less. However, taking into consideration the fact that the petitioner was in hospital for a period of two months and sustained compound fractures, he should have lost earnings atleast for a period of six months and as the petitioner said to be claiming Rs.5,000/- as salary in the employment of Janaki Feeds and further sum of Rs.30,000/- is granted towards loss of earnings and the total amount of the compensation is fixed at Rs.1,00,000/- (Rupees one lakh only). Accordingly, the appeal is allowed in part. The petitioner is entitled for the interest at 7.5% per annum on the enhanced amount from the date of petition. Each party to bear their own costs. ________________________ N.R.L.NAGESWARA RAO, J 27-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1550 of 2011 DATE: 27-07-2011 MR