HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No. 625 of 2003 ORDER: This is an appeal filed by the appellant seeking enhancement of compensation pursuant to the Award passed in MVOP No. 504 of 1996 dated 25-09-1996 on the file of the Motor Accidents Claims Tribunal-Cum- III Addl. District Court, Kurnool. By the said orders, the Tribunal awarded compensation of Rs.10,000/- with interest @ 12% p.a. as against the claim of Rs.50,000/- for the injuries suffered by him. 2. It is the case of the claimant that on 06-01-1995 he was travelling on a lorry bearing No. AP 21 V 2775 from Ramakrishnapuram to Bethamcherla as a spare driver. The vehicle was loaded with slab stones. The claimant was sitting on the load. On account of the rash and negligent driving of the driver of the lorry, the claimant suffered injuries on his legs. As per Ex- A3, wound certificate, he sustained a lacerated injury over the medial aspect of upper 1/3 of Tibia 1 x 1 cm and over the left leg 10 x 10 cm. The said injuries were stated to be grievous in nature. Except this wound certificate the claimant did not adduce any evidence to establish the grievous nature of injury nor the treatment received by him. In the circumstances, the Tribunal awarded Rs.10,000/- as compensation. 3. After perusal of the material brought on record, I am of the opinion that the amount so awarded is just and reasonable and the claimant is not entitled for any enhancement. 4. Since it was the case of the claimant that he was a spare driver and as Ex-B1, Insurance Policy did not cover a spare driver, the Tribunal exonerated the 2nd respondent-Insurance Company from the liability. The present appeal was pursued against respondent No.1, who was the owner of the vehicle. But the appeal against him was dismissed for default by orders of this Court dated 13-02-2002 for failure to take notice to the 1st respondent. Subsequently, the matter was admitted on 23-04-2003. On 23-07-2010 the learned counsel appearing for the appellant sought three weeks time, to take out notices to the 1st respondent. The permission was granted with a direction to serve notice by Regd. Post With Ack. Due and file proof of service. The matter was directed to be posted after three weeks. On 12-08-2010 it was represented that notice has been sent and acknowledgement was awaited and two more weeks time was sought for. This court granted permission with a direction to file proof of service in default the appeal would stand dismissed against the respondent No.1. The matter is listed today under the caption ‘For Dismissal”. But none appeared and there is no representation on behalf of the appellant. Apparently, notice has not been served on respondent No.1. As stated above and as observed by orders dated 12-08-2010 the appeal against respondent No.1 stands dismissed on this ground also. 5. In the circumstances no relief can be granted to the appellant and the appeal is accordingly dismissed. There shall not no order as to costs. _____________ Mjl/* 26-08-2010 HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No. 625 of 2003 DATED 26-08-2010