THE HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A.No. 585 of 2003 JUDGMENT Aggrieved against the judgment and decree dated 7.8.2001 in O.P.No. 370 of 1997 on the file of the learned Additional District Judge, Medak at Sangareddy, the present C.M.A. is filed on the following grounds: The Order of the tribunal in awarding the compensation amount of Rs. 40,000/- against the claim of Rs. 1,00,000/- is erroneous and contrary to law. The facts of the case in brief are as follows: That on 30.3.1997, when the claimant was going on a cycle from Rajgopalpet, and when he reached near Palamakula village, an R.T.C. Bus AEZ 3082 driven by the driver in a rash and negligent manner dashed the claimant, due to which the claimant received fracture of right clavicle, fracture on right leg and also left leg, head injuries and multiple injuries all over the body and he was treated at Gandhi Hospital. The learned counsel appearing for the appellant argued that the lower Court failed to appreciate the evidence and failed to grant just and reasonable compensation in spite of the evidence that injured sustained multiple injuries all over his body besides head injuries, fracture on right leg, fracture on left leg, fracture of right clavicle bone and that the order of the lower Court is erroneous. The point that arises for consideration is whether the order of the lower Court is sustainable? The appellant-injured filed the petition before the lower Court claiming compensation of Rs. 1 lakh for the injuries sustained by him in the motor accident. The lower Court held that the accident was due to the rash and negligent driving of the driver of the offending vehicle. The injured while himself examined as P.W-1 deposed that he sustained fracture on his right hand, right side of the head and also fracture of clavical. He claimed to be treated for 10 days in the first instance, thereafter, treated at NIMS and Osmania General Hospital, Hyderabad. Ex.A-1 is copy of F.I.R., Ex.A-4 is the disability certificate, Ex.A-6 is the discharge card of Gandhi Hospital. In proof for injuries, he examined Dr. Raja as P.W.2. According to P.W-2 he examined P.W-1 and issued Ex.A-4 disability certificate assessing the disability at 70%. A cursory reading of his evidence on record there is a fracture on right hand, right side of the head and also fracture of clavical. If, we see the assessment of the disability as spoken to by the Doctor is 70%, certainly it can be said that the injuries sustained by the injured are grievous in nature. The lower Court granted compensation of Rs. 12,500/-to each fractures. In my honest view, above awarded compensation is not just and reasonable in view of the grievous nature of the injuries sustained by P.W-1. P.W-1 is aged about 18 years on the date of the accident and he is a labourer. Due to the said injuries, certainly he may not be able to work as casual labour thereby deprived of his income. Therefore, as the injuries sustained by the appellant is grievous in nature as spoken to by the Doctor supported by the documentary evidence Ex.A-3, A-5, A6 and A-7 in particular Ex.A-4. It is just and necessary to grant Rs. 15,000/-to each injury which comes to Rs. 30,000/- against Rs. 24,000/- awarded by the lower court. The compensation granted against the other heads by the lower Court holds good. The additional amount of compensation shall carry interest at 6% per annum from the date of filing of O.P. before the Tribunal till realization. With this modification, the C.M.A. is partly allowed. There shall be no order as to costs. ___________________ 4.3.2011 CHV