HON’BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.347 of 2004 HON’BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.347 of 2004 JUDGMENT: 1) The claimant filed this appeal under Section 173 of the Motor Vehicles Act, dissatisfied with the compensation awarded by the Tribunal in O.P.No.72 of 2002 in its order dated 3-11-2003 for the injuries sustained by him in the motor vehicle. 2) The facts in nutshell are that on 10-6-2001 the claimant along with his wife went to Hyderabad and while returning to Karimnagar and when they reached Devakkapalli bust stage at about 7.30 p.m., the respondent no.1 who was driving the tractor and trailor bearing No.AP23-T-9135/9136 came in rash and negligent manner from opposite direction and dashed against the maruti car, as a result, the maruti car completely damaged and that inmates of the car sustained injuries. The claimant stated that he sustained fracture injury to his left wrist and injury to his right eye and was confined to bed for 45 days and therefore filed the above O.P. seeking compensation of Rs.2,00,000/- towards injuries sustained by him and towards the damages to his maruti car. Respondents 1 and 2 remained ex-parte and respondent no.3-insurance company filed counter denying the averments of the petition. Based on the pleadings, the Tribunal after framing necessary issues and considering the evidence of PWs 1 and 2 and Exs.A-1 to A-11 on behalf of the claimant, and in the absence of any rebuttal evidence by the respondents except marking Ex.B.1, held that the accident occurred due to rash and negligent driving of the driver of the tractor and awarded compensation of Rs.85630/-. 3) Dissatisfied with the compensation, the claimant preferred this appeal. Heard learned counsel appearing on both sides and perused the record. Learned counsel for the appellant- claimant contended that Tribunal granted meager amount towards grievous injuries sustained by the claimant and that no amount was granted under the head of loss of future income and loss of amenities. In the instant case, it is not disputed before this Court about the manner of accident. The only contention advanced was as to the quantum of compensation granted by the Tribunal. It is seen from the record that the Tribunal awarded an amount of Rs.15,000/- towards pain and suffering, Rs.3,000/- towards loss of income during the period of treatment, Rs.8,569/- towards medical expenses, and Rs.59,061/- is awarded towards the expenditure incurred for the repairs of Maruti car, and in all granted compensation of Rs.85,630/-. Since the claimant suffered fracture injury to the left wrist, and injury to his right knee and face and also head, further amount of Rs.10,000/- is granted towards pain and suffering and also loss of amenities, further amount of Rs.7,500/- towards loss of income during the period of treatment. The other amounts granted by the Tribunal stands undisturbed. 4) Subject to above enhancement of compensation, the appeal is allowed in part with interest @ 7.5 % per annum on the enhanced amount. No costs. ________________ GHULAM MOHAMMED, J. 15-7-2010 HON’BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.347 of 2004