THE HON’BLE SRI JUSTICE B.N. RAO NALLA C.M.A.No.3591 of 2002 JUDGMENT: This appeal is filed by the claimant against the order dated 02.02.2002 in M.V.O.P. No. 41 of 1998 on the file of the Motor Accidents Claims Tribunal-cum- I Additional District Judge, Chittoor, whereby and whereunder the claimant was awarded compensation of Rs.21,000/- as against the claim of Rs.75,000/-, with interest at 9% per annum from the date of the petition till the date of realisation. 2. The facts leading to the filing of this appeal can be summarized as follows: That on 12.6.1997, the claimant was travelling in the respondent- corporation bus bearing registration No.AP.9 Z-7404 from Chittoor to Tirupati and on reaching Moravapalle at about 4.00 p.m. the driver drove the bus in a rash and negligent manner and dashed against a lorry which was coming in the opposite direction, resultantly, the claimant sustained grievous injuries i.e. fracture of left great-toe and fracture of left ankle. She was treated at SVRR Hospital, Tirupati. To that effect, she incurred more than Rs.10,000/-. Her husband is an employee in Agricultural Market Committee, Chittoor and he was attending on the claimant while she was undergoing treatment. At the time of the accident, she was pregnant. The driver of the lorry lodged a complaint against the driver of the respondent’s bus in Chandragiri Police Station and the same was registered as Cr.No.79/97 under Sections 337 and 338 IPC. The accident took place only due to the rash and negligent driving of the respondent’s bus by its driver. The claimant used to get salary of Rs.2,000/- per month as casual conductor in respondent’s Corporation. Therefore, she claimed Rs.75,000/- against the respondent-Corporation. 3. The respondent-Corporation filed counter denying the allegations made in the claim petition. It is stated that the accident was caused solely due to the rash and negligent driving of the driver of the lorry; that the owner and insurer of the lorry are necessary parties to the claim petition and that the claim made by the claimant is excessive. 4. On behalf of the claimant, PWs 1 to 3 were examined and Exs.A.1 to A.6 were marked, whereas no evidence, either oral or documentary, was adduced on behalf of the respondent-Corporation. 5. After conclusion of the trial in the O.P., the lower Tribunal found that the accident occurred due to rash and negligent driving by the driver of the respondent’s bus and that the claimant sustained grievous injures. As such, the Tribunal awarded Rs.10,000/- towards injuries, Rs.3,000/- towards pain and suffering and Rs.8,000/- towards medical, transport, attendants, extra nourishment and other expenses. 6. The grievance of the claimant is that the compensation awarded by the lower Tribunal is not commensurate with the injuries sustained by her and concomitant effects thereof. 7. The evidence of claimant- PW1 is that she sustained fracture on her left toe, injures on ankle, right knee and face. She was initially treated at S.V.R.R. Hospital, Tirupati for about a week and thereafter, she was shifted to BARDS hospital, where she underwent treatment for two months. Three operations were conducted on her. Her left leg was shortened by an inch. Ex.A.2 is the wound certificate. She was pregnant at the time of the accident. The evidence of PW.3-Doctor is that he examined PW.1 and issued Ex.A2 wound certificate. Ex.A.2 indicates that the claimant sustained grievious injuries. Under these circumstances, this court is of the view that the lower Tribunal ought to have awarded Rs.13,000/- towards injuries instead of Rs.10,000/-, Rs.5,000/- towards pain and suffering instead of Rs.3,000/- and Rs.18,000/- towards medical, transport, attendants, extra nourishment and other expenses, instead of Rs.8,000/-. 8. In the circumstances, it is to be held that the claimant is entitled to a total compensation of Rs.36,000/-(Rupees thirty six thousand) only, with interest at 6% per annum so far as the enhanced compensation amount is concerned. 9. With the above modification, the C.M.A. is disposed of. _________________ B.N.RAO NALLA,J 05-08-2010 Stp