THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No.2479 of 2011 JUDGMENT:- The appeal is filed by the claimant questioning the quantum of compensation granted by the Motor Accidents Claims Tribunal-cum- I Additional District Judge, Nizamabad in O.P.No.806 of 1999. The claim was made for a sum of Rs.2,00,000/- for the injuries received by the petitioner/appellant in a motor accident on 06-07-1999. The petitioner was said to be travelling in a Jeep bearing No.A.P.1-C-T 3777 and the driver of the jeep drove the same in a rash and negligent manner, as a result of which, the vehicle turned turtle and petitioner received multiple injuries and was treated in the hospital. The first respondent is the owner of the vehicle and second respondent is the Insurance Company. The Insurance Company contended that the petitioner is put to strict proof of rashness and negligence attributed to the driver and the nature of the injuries and the liability is also disputed. After considering the evidence on record, the lower Tribunal found that the incident was due to the fault of the driver of the jeep on which the petitioner was travelling. The Insurance Company has not challenged the award. Now the point that arises for consideration is:- Whether the amount of compensation granted by the lower Tribunal is just and reasonable? POINT:- So far as the nature of the incident and receipt of the injuries by the petitioner in a motor accident is concerned, there is no serious dispute. So far as the injuries are concerned, the lower Tribunal has considered that the petitioner has got only a fracture of 1/3rd of right femur. He was said to be in hospital from 6-7-1999 to 16-07-1999. There is no proof of disability by the competent authority and the evidence of PWs.2 and 3 is not believed. Therefore, the court granted a compensation of Rs.43,000/- which includes a sum of Rs.5,000/- towards fracture of right humorous; Rs.10,000/- towards expenditure for treatment including the medical bills; Rs.10,000/- towards pain and suffering and Rs.18,000/- towards loss of earnings. Therefore, it cannot be said that the award granted by the lower Tribunal is not proper but however there is a possibility of partial temporary disability due to the injury and a sum of Rs.7,000/- is granted and therefore the award of the lower Tribunal is enhanced to Rs.50,000/-. Accordingly, the appeal is partly allowed. The appellant/petitioner is entitled for a sum of Rs.50,000/- towards total compensation in stead of Rs.43,000/- as granted by the lower Tribunal. _______________________ N.R.L. NĀGESWARA RĀO,J 28-10-2011 TSNR