THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.2177 of 2003 JUDGMENT: This civil miscellaneous appeal is preferred aggrieved by the order and decree dated 28.02.2003 in M.V.O.P.No.814 of 1998 on the file of the I Additional District Judge, Guntur. The lower Court in the aforesaid O.P. granted compensation of Rs.1,24,375/- against the claim of the appellant for Rs.2,50,000/-. The appellant herein is the claimant in the main O.P. On 13.07.1998 at about 1.30 P.M. while the appellant and others were travelling in a car bearing No. AP 16 D 5859 to go to Tirupati and when it reached Nagalamma temple, the driver of the first respondent drove the lorry bearing No. TN 31/C 4455 in a rash and negligent manner without taking proper care and caution, dashed against the said car, as a result, the appellant sustained grievous injuries. It is the contention of the learned counsel appearing for the appellant that the lower court failed to take into consideration the disability of the appellant and by ignoring the medical evidence adduced through PWs 2 and 3 awarded meagre compensation and urged for enhancement of compensation. Now the point for consideration is whether the order of the lower court dated 28.02.2003 in M.V.O.P.No.814 of 1998 is sustainable and that the appellant is entitled for any enhanced compensation. The appellant examined himself as PW1 and examined PW2- Dr. B.V. Vijayabhaskar and PW3-Dr. Koganti Ravindrababu and got marked Exs.A1 to A8. RW1 was examined on behalf of the respondents and Ex.B1 copy of the policy was marked. The respondent’s counsel did not disputed the evidence of PWs 1 to 3 as well as the accident. The lower court while appreciating the evidence of PWs 2 and 3 granted the compensation as stated supra. Now let us see to what extent the evidence of PWs 2 and 3 support the version of the counsel for the appellant. According to PW2-Dr. Vijayabhaskar, he examined PW1 and noticed central fracture dislocation right hip and fracture dislocation of right shoulder joint and reduction and pin traction was done for right hip. Open reduction and internal fixation for right shoulder was also done and he is of the opinion that the said injuries are grievous in nature and issued Ex.A5 Certificate. It is also elicited in his evidence that there is shortening of 3/4th inches of right shoulder and there is limitation of right shoulder abduction and the said disability is to the extent of 30 to 40%, which is partial and permanent. Ex.A8 is the case sheet maintained in the said hospital. PW3-Dr.Konganti Ravindrababu also deposed that he treated the appellant and issued Ex.A6 certificate. There is a clinching medical evidence of PWs 2 and 3 that there is disability to the extent of 30 to 40%, which is partial and permanent to the injured. The lower court while taking into consideration the grievousness of the injuries granted Rs.30,000/- for the fractures at the rate of Rs.15,000/- each, Rs.25,000/- towards disability, Rs. 69375/- towards medical expenses and held total compensation as Rs.1,24,375/- in the totality of the circumstances and after evaluating the evidence on record, the amount of compensation granted by the lower court is just and reasonable and therefore, I see no grounds to grant further compensation. Accordingly, the civil miscellaneous appeal is dismissed. No costs. K.S.APPA RAO,J Dt.04.02.2011 lvl THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.2177 of 2003 Dt. 04.02.2011