HON’BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.NO. 4108 OF 2004 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act 1988, is directed against the Judgment and Decree dated 31.3.2003 passed by the III Additional District Judge cum Motor Accidents Claims Tribunal, Karimnagar District (for short ‘the Tribunal’) in OP No. 39 of 2002 filed by the claimant claiming compensation of Rs. 1,00,000/- for the injuries-sustained in a motor vehicle accident that occurred on 3.8.2000 at about 5 PM when the claimant along with his colleagues boarded a jeep bearing No. ADY 8987 at Gambhirpur to go to his house at Pidimadugu of Koratla, the driver of the jeep drove the same in a rash and negligent manner and due to which, the driver lost control over the vehicle and jeep turned turtle and as a result of which, the claimant received grievous injuries. The first respondent driver of the jeep and the second respondent owner of the jeep bearing No. ADY 8987 remained ex parte and the third respondent-New India Assurance Company Limited filed its counter denying the averments made in the petition. 2. The Tribunal taking into consideration Ex. A3, medical certificate, that the claimant sustained one grievous injury and also in view of the fact that he underwent treatment as seen from the medical report, awarded compensation of Rs. 20,000/- and Rs. 5,000/- towards medical expenses totaling to Rs. 25,000/- with proportionate costs and interest at 9% per annum from the date of petition till the date of realization. Aggrieved by the same, the present Civil Miscellaneous Appeal is filed by the claimant. 3. The learned counsel appearing for the claimant contended that the Tribunal erred in granting compensation of Rs. 25,000/- as against the claim of Rs. 1,00,000/- and it failed to apply the multiplier method by considering the age and earnings of the appellant and also it failed to award compensation for loss of earnings and pain and suffering. 4. On the other hand, the learned counsel appearing for the respondents submits that the order of the Tribunal is quite reasonable and there is no need to interfere with the order. 5. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. 6. It is evident from the record that the accident occurred on 3.8.2000 at about 5 PM when the claimant along with his colleagues boarded a jeep bearing No. ADY 8987 at Gambhirpur to go to his house at Pidimadugu of Koratla, the driver of the jeep drove the same in a rash and negligent manner and due to which, the driver lost his control over the jeep and the same turned turtle and as a result of which, the claimant received grievous injuries. But the Tribunal awarded only Rs. 20,000/- towards compensation and Rs. 5,000/- towards medical expenses. But in this particular case, the doctor who treated the claimant was not examined and the claimant used the medicines prescribed by Dr. Satyanarayna Ortho and he opined that due to the accident, the claimant sustained disability to his left hand and he is unable to attend his work as usual. But he did not assess the percentage of disability the claimant got. Therefore, in the absence of any medical evidence and percentage of disability, it is very difficult to assess the compensation. 7. In the circumstances, the Civil Miscellaneous appeal is allowed and the matter is remitted for fresh consideration on merits in accordance with law. The Tribunal is directed to take up the mater and dispose of the same after adducing the evidence of doctor by the claimant so as to assess the disability. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, J Date: 17.2.2011 KA