HON'BLE SRI JUSTICE RAMESH RANGANATHAN M.A.C.M.A. No.23 of 2005 ORDER: The order of the Motor Accidents Claims Tribunal-cum- District Judge, Kadapa, in M.V.O.P.No. 29 of 2003, dated 29.10.2004, is the subject matter of challenge in this appeal by the appellant. The appellant, a lady, sustained a grievous injury as a result of the jeep, in which she was traveling, colliding with the jeep belonging to the third respondent. The appellant claimed Rs.2.00 lakhs as compensation under Section 166 of the Motor Vehicles Act. Before the Tribunal, the following issues were framed. 1. Whether the petitioner received injuries in motor vehicle accident on 06.04.2002 due to rash or negligent driving of driver of 2nd respondent jeep bearing No.AP04-C- 5658 by its driver? 2. Whether the petitioner is entitled for compensation and if so to what amount and from whom? 3. To what relief? On the first issue, the Tribunal held in favour of the appellant, and against the respondents, that the injury suffered by the appellant in the motor vehicle accident on 06.04.2002 was on account of the rash/negligent driving of the driver of the third respondent-jeep. On the second issue, with regards compensation, the Tribunal held that Ex.A.2 Wound Certificate, issued by PW.2, could not be accepted as he had admitted not having treated the appellant; and the medical bills filed by the appellant for Rs.14,842.50/- was also found to be unacceptable on the ground that as the appellant was undergoing treatment in a Government Hospital the treatment, ordinarily, would be free of cost, in the absence of any evidence produced to the contrary. The Tribunal also disbelieved the certificate, issued by the Panchayat President of Siddavaram Village, under Ex.A.6, that the appellant was earning Rs.4,500/- p.m., on the ground that the appellant did not examine any one from whom she had purchased milk, or persons to whom she had sold milk. However, on an overall view of the facts and circumstances of the case, (including the nature of the injuries sustained, the consequential suffering, inconvenience, etc), the Tribunal awarded Rs.50,000/- as compensation, together with proportionate costs and interest at 9% p.a., from the date of the petition till the date of realization, payable by respondent Nos. 1 and 3 in equal proportion. The Tribunal held that the second respondent was liable to indemnify the liability of respondent Nos.1 and 3. Ex.A.2 Wound Certificate shows that the appellant had sustained fracture of the right acetabulum, (which is the hollow that receives the head of the thigh-bone). In effect, the appellant sustained a fracture to her thigh-bone joint. The fact that she suffered a grievous injury has been accepted by the Tribunal. However she was denied any sum, whatsoever, for loss of earnings and for medical expenses on the ground that the treatment in the Government Hospital was free. It is not as if the Tribunal disbelieved the medical bills produced by the appellant. The finding recorded by the Tribunal, that the treatment in a Government Hospital is free, is a finding based on no evidence. While the actual treatment may well be free, the medical bills produced were towards medicines and for other medical items purchased by the appellant. I see no justification in the Tribunal denying the appellant’s claim for reimbursement of the medical bills for Rs.14,842.50/-. It is also clear that the appellant underwent treatment in the Government Hospital for more than 45 days. Even in the absence of evidence that the injured was earning Rs.4,500/- p.m., the Tribunal was not justified in denying her any compensation towards loss of earnings. I consider it appropriate, in these circumstances, to enhance the lumpsum compensation awarded by the Tribunal from Rs.50,000/- to Rs.65,000/- and payment of interest at 7.5% on the enhanced compensation of Rs.15,000/- from the date of the petition till the date of realization. The Civil Miscellaneous Appeal is allowed to the extent indicated above. No order as to costs. RAMESH RANGANATHAN,J Date:02.09.2010 usd