HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No. 472 of 2008 Date: 15-07-2011 Between: Ramavath Laxmi ………. Appellant And Sri K. Haridas and another ………. Respondents HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.No.472 of 2008 ORDER: This appeal is filed against the order, dated 08-06-2006 passed in O.P.No.327 of 2001 on the file of the Motor Accident Claims Tribunal (IV Additional District Judge) (FTC), Nizamabad. The appellant herein is the petitioner in the said O.P. 2. The brief facts of the case are that on 14-12-1999 at about 3-00 PM, while the petitioner was proceeding in a jeep bearing No.AP 25T 5421 from Mittapally towards Indalwai and when the jeep reached the outskirts of Mittapally, the driver drove the jeep in a rash and negligent manner with high speed and lost control over the jeep, due to which the jeep went off the road and turned turtle, as a result of which the petitioner sustained fracture of ribs, fracture of right leg, injury to ear, multiple and grievous head injuries and other multiple and grievous injuries on various parts of the body. Immediately she was shifted to Government Headquarters Hospital, Nizamabad and had taken treatment. Therefore, the petitioner filed the O.P. claiming compensation of Rs.1,00,000/- under all the heads. 3. During the course of trial, on behalf of the petitioner, she herself was examined as PW-1 and Exs.A-1 to A-4 and X-1 were marked. On behalf of the respondents, no oral or documentary evidence was adduced. The Tribunal, after considering the evidence and the material on record, came to the conclusion that the accident occurred due to rash and negligent driving of the jeep and accordingly, allowed the O.P. in part granting compensation of Rs.50,000/- with interest at 7.5% per annum from the date of petition till the date of realisation, and made respondents 1 and 2 liable to pay the compensation. Aggrieved thereby, the petitioner preferred the present appeal. 4. The learned counsel appearing for the appellant mainly urged that the Tribunal, while assessing the compensation, did not take into consideration the gravity of the injuries i.e., fracture of 2 to 7 left ribs and fracture of right medial condyle of tibia, and awarded only a meagre amount of Rs.50,000/- under all the heads and requested for enhancement of compensation. 5. The learned counsel for the respondents, while supporting the order of the Tribunal, urged that there are no grounds for enhancement of compensation and sought for dismissal of the appeal. 6. Now the point for consideration is whether the petitioner is entitled for enhancement of compensation? 7. It is the admitted fact that the petitioner was treated from 14-12-1999 to 22-12-1999. In proof of the injuries, the petitioner got filed Ex.A-3, wound certificate, issued by the Government Hospital, Nizamabad, wherein it is mentioned that the petitioner sustained the following injuries: 1) Fracture of 2 to 7 left ribs. 2) Fracture of right medial condyle of tibia. 8. The petitioner got summoned the case sheet from the Government Hospital, Nizamabad and the same was marked as Ex.X-1 wherein the above injuries were noted. Admittedly the petitioner was an agricultural coolie aged about 42 years at the time of accident and she, being a lady, cannot attend to her normal duties with the aforesaid injuries as noted in the case sheet. Any amount of compensation on the said injuries will not serve the suffering of the injured. Therefore, Exs.A-3 and X-1 can be considered in assessing the compensation. On consideration of the evidence of PW-1 and Exs.A-3 and X-1, it clearly shows that the petitioner sustained two grievous injuries as stated above. 9. As seen from the impugned order, the Tribunal awarded the compensation of Rs.10,000/- for the said two grievous injuries which, in my view, is quite meagre and disproportionate. The fracture of 2 to 7 ribs is a grievous and painful injury for which an amount of Rs.25,000/- can be granted towards compensation and further an amount of Rs.20,000/- can be granted towards compensation for fracture of right medial condyle of tibia. Accordingly, in total, an amount of Rs.45,000/- is granted towards compensation for the two grievous injuries sustained by the petitioner against the amount of Rs.10,000/- granted by the Tribunal. 10. Further, the Tribunal, while assessing the evidence on record, granted an amount of Rs.10,000/- towards medical expenses, Rs.20,000/- towards pain and suffering, Rs.7,500/- towards loss of estate and Rs.2,500/- towards transportation and extra nourishment. The respective amounts under the said heads, in my view, are quite just and reasonable and therefore, they are sustainable. 11. In the result, the M.A.C.M.A. is allowed in part enhancing the compensation from Rs.50,000/- to Rs.85,000/-. The enhanced amount shall carry interest @ 7.5% per annum from the date of petition till the date of realisation in the circumstances of the case. No order as to costs. _______________ K.S. APPA RAO, J Date: 15-07-2011 YCR