THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.2975 of 2003 JUDGMENT: This civil miscellaneous appeal is preferred aggrieved by the order and decree dated 11.03.2003 in M.V.O.P.No.460 of 2001 on the file of the Motor Accidents Claims Tribunal-cum-District Court, Vizianagaram. The lower Court in the aforesaid O.P. granted compensation of Rs. 5000/- as against the claim of the appellant for Rs.1,00,000/-. The brief facts of the case are as follows: The appellant herein is the claimant in the main O.P. On 12.10.2000 while the appellant and another were coming to Vizianagaram from S.Kota on scooter and when they reached Ayyannapeta Junction, an auto bearing No. AP 35 T 2497 driven by the first respondent came in opposite direction in rash and negligent manner at high speed and dashed the appellant, as a result, the appellant sustained grievous injury to his left foot ankle and simple injuries all over the body. The appellant underwent treatment in Government Hospital, Vizianagaram. Learned counsel for the appellant argued that the order of the lower court is erroneous as the appellant sustained grievous injury to his left foot ankle and simple injuries all over the body and he took treatment as an out patient about three months. It is further argued that granting of an amount of Rs.5000/- as compensation as against the claim of the appellant for Rs.1,00,000/- is very meagre. Now the point for consideration is whether the compensation granted by the lower court is sustainable. The appellant examined himself as PW1 and examined PW2- Dr. A. Sreeramamurthy and got marked Exs.A1 to A5 and Exs. X1 and X2 were also marked. None were examined on behalf of the respondents but Ex.B1 copy of policy was marked. The appellant-Raparthi Srinivasa Rao claimed compensation of Rs.1,00,000/- for the injuries sustained by him in the road accident. There is no dispute regarding the manner in which the accident was occurred. The evidence of PW2 is very much relevant for decision of the court. According to PW2, the appellant was admitted in the hospital for injury to right foot and Ex.X2 is the X-Ray. He further clarified that due to the injury sustained by the injured he cannot walk for long distance and also cannot stand for long time and that he cannot do hard work. Ex.A5 is the disability certificate issued by him. Though PW2 is not competent to issue disability certificate, the facts and circumstances of the case on hand have to be taken into consideration to give a finding on this aspect. The doctor though stated that the injured did not sustain any bone injury but he stated that it is a ligament injury which is grievous in nature. Ex.A1 is the certified copy of the F.I.R. Ex.A3 is the certified copy of the charge sheet wherein it is noted that the appellant sustained grievous injury. In view of the evidence of PW1 coupled with the evidence of PW2 and Exs. A3 and A5 it is proved beyond reasonable doubt that the injured sustained grievous injury. Hence the finding of the lower court that the injured sustained only simple injuries cannot be appreciated by any stretch of imagination. In the totality of the circumstances, the award passed by the lower court that the appellant sustained only simple injuries is not sustainable. As I stated already the claim is for Rs.1,00,000/- and the amount of compensation granted by the lower court is only Rs.5000/-. The appellant did not file any documentary proof regarding the expenses incurred by him towards treatment. However, in the circumstances of the case on hand granting of Rs.20,000/- towards grievous injury besides granting Rs.5000/- towards extra nourishment is just and reasonable to meet the ends of justice. Accordingly, a sum of Rs.25,000/- is granted to the appellant against his claim of Rs.1,00,000/-. With these observations, the appeal is allowed. The finding of the lower court granting Rs.5000/- as compensation is set aside and a sum of Rs. 25,000/- is granted as compensation to the appellant. The enhanced amount shall carry interest at the rate of 7% per annum from the date of petition till realisation. K.S.APPA RAO,J Dt. 04.02.2011 lvl Note: Cc within one week b.o. usd THE HON’BLE SRI JUSTICE K.S.APPA RAO C.M.A.No.2975 of 2003 Dt. 2011 THE HON’BLE SRI JUSTICE K.S.APPA RAO P.D. JUDGMENT IN C.M.A.No.2975 of 2003