HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.3370 OF 2011 JUDGMENT: The appeal is filed by the appellant/petitioner against the order in M.V.O.P.No.744 of 2002 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Vizianagaram, questioning the quantum of compensation. 2. The claimant has filed an application for compensation of Rs.1,00,000/- for the injuries received by him in a motor accident. 3. According to the case of the petitioner, on 07.05.2002 when the petitioner was going on Hero Panther bearing No.AP 31K 1241 near Collector Office junction at Vizianagaram, TVS Suzuki bearing No.AP 35 B 9566 being driven by its driver in a rash and negligent manner, dashed against the petitioner, as a result of which, he received multiple injuries and was treated as in-patient from 07.05.2002 to 13.05.2002. Respondents Nos.1 to 3, who are driver, owner and insurer of the vehicle respectively are jointly and liable to pay compensation. Respondent No.3- Insurance Company has disputed the liability and validity of the licence of the driver and also the quantum of compensation. After considering the evidence on record, the lower Tribunal has granted a compensation of Rs.39,300/-. Aggrieved by the said award, the present appeal is filed. 4. The point for consideration is whether the compensation granted by the lower Tribunal is just and reasonable? 5. POINT: So far as the nature of the incident and nature of the injuries received by the petitioner are concerned, there is not of much dispute. As can be seen from the out-patient chit relied on by the learned counsel for the petitioner and considered by the lower Tribunal, the petitioner is said to have received swelling and deformity of right wrist and lacerated injury over forehead. There was no bony injury to the scull and X-ray showed only a fracture of the right wrist. PW.2 deposed that the petitioner was in hospital for one day and discharged on 08.05.2002. Taking into consideration the above facts, the Tribunal has granted a sum of Rs.22,500/- towards the injuries and pain and suffering. Either by way of compensation to the injury and separate compensation towards pain and suffering, which may not be correct. Only a sum of Rs.800/- is granted for medical expenses and the Tribunal has rejected the claim for the loss of earnings. So far as the disability is concerned, taking into consideration the certificate issued by the Medical Board, which is Ex.A.6, the Tribunal has granted a compensation of Rs.6,000/- taking it as a temporary permanent disability. The tribunal also granted a separate sum of Rs.10,000/- towards disability after granting loss of future earnings. The amount of compensation granted under the head of medical expenses appears on a lower side. Therefore, taking into consideration the said fact and also the nature of the injuries and disability, the compensation is enhanced to Rs.50,000/-. Accordingly, M.A.C.M.A. is allowed in part. No costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:09.12.2011 INL