IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH C.M.A.No.2696 of 2002 Between: Mallanari Ramdas ..... APPELLANT AND D.Omkar Narayana Murthy and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH C.M.A.No.2696 of 2002 JUDGMENT: The appellant is the claimant who filed O.P.794/1996 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Nizamabad under Sec.166 of the Motor Vehicles Act claiming compensation of Rs.2,50,000/-. The said OP was allowed partly awarding compensation of Rs.75,000/- for three grievous injuries, Rs.6,000/- for two simple injuries, Rs.8,000/- towards medicines and for external nourishment and another Rs.8,000/- towards pain and suffering, thus, the total compensation of Rs.97,000/- was awarded along with interest at 12% p.a. This appeal is filed for enhancement of compensation contending that the Tribunal below did not appreciate the five grievous injuries i.e. fracture of the left leg, left middle index finger and all other injuries. It is stated that the appellant also incurred expenditure of Rs.50,000/- towards treatment by private doctors. 2. Heard both the counsel. 3. The O.P.was filed contending that on 30.05.1996 while the petitioner/claimant was returning from Dharpally by driving his auto on the left side of National High Way No.7 and when reached near Bibipur Tanda, a lorry bearing A.P.37/T-2246 belong to the 1st respondent herein driving by its driver, came in rash and negligent manner and hit against the auto, by reason of which the petitioner sustained fracture injuries to his left hand, injuries to left hand two fingers, left leg, left eye brow, head and face and other parts of the body. Immediately, he was shifted to the Government Hospital, Nizamabad and he has incurred Rs.40,000/- for treatment. Due to the said injuries, he was disabled permanently and hence claimed compensation of Rs.2,50,000/- in lumpsum. 4. In support of his contention, the claimant himself was examined as PW 1 and stated that at the time of the accident he was driving the auto from Indalwai to Nizamabad, and when he reached near Bibipur Tanda, a lorry came from opposite direction on the wrong side of the road, in rash and negligent manner and dashed against the auto, due to which the auto fell down and his left leg was fractured. He also received injury on his face. Apart from that, the left leg middle finger and index fingers were fractured. He also received injuries on the head and other parts of the body, and became unconscious. He was admitted into the Government Hospital, two days thereafter he regained his conscious and he was treated as inpatient for 15 days and spent Rs.50,000/- towards medical expenses. He has filed Ex.A1 certified copy of the FIR, Ex.A2 charge sheet, Ex.A3 wound certificate, Ex.A4 the copy of the judgment in CC.464/1996, Ex.A5 Insurance Policy and Ex.A6 the driving licence. He denied the suggestion that he was admitted in the hospital on the next day and that he has not received any fracture injuries and that he has not spent any amount towards the medicines. In so far as the finding of the Tribunal below that the accident occurred due to rash and negligent driving of the driver of the lorry bearing No.AP-37/T-2246 belonging to the 1st respondent is concerned, the said finding has become final as no appeal is filed. 5. This appeal is filed for enhancement of compensation. The only question that arises for consideration in this appeal is whether the claimant is entitled for enhancement of any compensation. 6. In so far as the quantum of compensation is concerned, except the aforesaid oral and documentary evidence, the claimant has not adduced any other evidence except filing of Ex.A3 certified copy of the wound certificate. Admittedly, no Doctor was examined in this case. According to the claimant, he has received only three injuries, but he has not filed any document to show that he has received fracture injuries. According to Ex.A3 wound certificate, the appellant received two simple injuries and three grievous injuries. But there is no mention in Ex.A3 about fractures said to have been received by the claimant. In the absence of any medical evidence with regard to the fractures said to have been received by the claimant in the said accident, I am of the opinion that the Tribunal below very generously awarded compensation of Rs.75,000/- towards three grievous injuries and two simple injuries. Without there being any proof of evidence with regard to the expenses incurred on the medicines, the Tribunal below also very generously awarded Rs.8,000/- towards medicines and for extra nourishment. I am of the opinion that grant of Rs.8,000/- towards pain and suffering cannot be said that it is not justified. This is the case of lack of evidence and therefore, the appellant is not entitled for any enhancement of compensation. The award of interest @12% p.a. though excessive, in the absence of any appeal, I am not inclined to express any opinion in this regar. 7. I do not see any merits in this appeal. The appeal is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 08.07.2010 Dsr