THE HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A.No. 3904 of 2003 JUDGMENT: Aggrieved by the award passed by the Motor Accident Claims Tribunal-cum-Additional District Judge, Nizamabad in O.P.No. 53 of 1998 dated 17.6.2002, the present C.M.A. is filed. Appellant is the claimant in O.P.No. 53 of 1998. The claimant filed O.P. claiming compensation of Rs. 2,00,000/- for the injuries sustained by him and also for the death of the bulls of bullock cart in the accident. The tribunal below while evaluating the evidence on record granted a compensation of Rs. 95,000/-. Being aggrieved with the same, the present C.M.A. is filed. Now the point for consideration is whether the Order of tribunal below is sustainable. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal below. As seen from the impugned order, the manner in which the accident occurred was not disputed. The claimant to make out his claim while himself was examined as P.W.1, examined P.Ws.2 to 5 and filed Ex.A-1 to A-14 and Ex.C-1 to C-4. According to him, while he was proceeding from Nizamabad on bullock cart, a lorry came from behind driven by its driver in a rash and negligent manner and dashed against the bullock cart resulting the bullock cart damaged, one of his bull died on the spot and another bull sustained grievous injury and the bullock cart was completely damaged and he sustained injuries on his back, both hands, left foot fractured and his two fingers of his left leg amputted and the skin beneath the foot also lost. It is also his further evidence that immediately after the accident he was in the Govt. Hospital, Nizamabad for 15 days and later spent nearly one lakh rupees for the medicines and he lost livelihood. In support of his evidence, he examined Dr. C. Srinivas, Civil Asst. Surgeon as P.W.5. According to P.W-5 Dr. C. Srinivas, he noted grievous injuries on the left foot with amputation of distal phallenx of 2nd and 3rd toes of the left-foot and the injured is suffering from the pain in the foot and ankle with stiffness in the foot joints. He further clarified that on chemical examination, the patient found to have permanent partial disability of 25% and the injuries mentioned in the disability certificate X.C-1 corresponds to the injuries mentioned in the injury certificate Ex.A-3. He further clarified that the injuries mentioned in the case sheet Ex.A-2 corresponds to the disability certificate Ex.C-1. As seen from the copy of the injury certificate Ex.A-3 issued by the Dy. Civil Surgeon, District Head Quarters hospital, Nizamabad, it is also clear that the petitioner sustained crush injury on left 2nd and 3rd of the toes, which is grievous in nature and lacerated injury measuring 4” x 2” on right pole and X-ray revealed amputation of 2nd and 3rd toes. Therefore, on the combined reading of evidence of P.Ws.3 and 5 and documentary evidence Ex.C-2, Ex.A-2 and Ex.A-3, it is clear that the petitioner received one grievous injury, post tramatic amputation of 2nd and 3rd toes from distal phalynx of left foot. The tribunal below granted Rs.75,000/- towards the compensation for the said amputation and also for 25% disability. The aforesaid compensation granted by the tribunal is just and reasonable. The tribunal below while taking into consideration, the evidence of P.W.1 granted a sum of Rs.7,000/- towards the medicines and extra nourishment, but, granting of Rs. 15,000/- on the said head is just and reasonable. Further, the tribunal below granted only Rs. 3,000/- towards the pain and suffering. In view of the injuries noted in the disability certificate, the aforesaid sum is very meager and therefore, granting of Rs. 15,000/- towards the pain and suffering is just and reasonable and accordingly, the same is granted. The tribunal below also granted Rs. 10,000/- towards the death of the bulls and damage to bullock cart, which is in my view is just and reasonable. With this modification, the C.M.A. is partly allowed granting Rs. 1,15,000/- against the compensation of Rs. 95,000/- granted by the tribunal below. The enhanced compensation shall carry interest @ 6% per annum. ___________________ 8.4.2011 CHV