THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A. No.686 of 2001 JUDGMENT: The appellant was travelling in a Mini Van bearing No. AP 37T 1611, owned by respondent No.3 and insured with respondent No.4, from Vijayawada to Hyderabad on the intervening night of 12/13.05.1996. On the way, an accident took place on account of collision between Mini Van and a lorry bearing No. ABK 5295, owned by respondent No.1 and insured with respondent No.2. The appellant sustained injuries to various parts of the body. Crime No.68 of 1996 was registered in relation to the accident. The appellant was employed as Assistant Geologist in the Office of the Assistant Director of Mines and Geology, Vijayawada. He filed O.P.No.8 of 1997 before the Motor Vehicles Accident Claims Tribunal, Vijayawada (for short ‘the Tribunal’) claiming a sum of Rs.4,00,000/- as compensation under different heads, such as expenditure for transport, treatment, extra nourishment and loss of earnings. The O.P. was opposed mainly by respondent Nos.2 and 4 i.e. Insurance Companies, on various grounds. The Tribunal awarded a sum of Rs.1,66,000/- through its order, dated 03.10.2000. Not satisfied with that, the appellant filed this appeal with a prayer to enhance the compensation. Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1, 2 and 4. To prove his case, both as to occurrence of the accident and nature of treatment taken by him, the appellant examined P.Ws.1 and 2 and filed Exs.A1 to A8. On behalf of the respondents, no oral evidence was adduced, but the copies of the Insurance Polices for the respective vehicles were filed by respondent Nos.2 and 4 as Exs.B1 and B2. The Tribunal framed the following two issues for its consideration: (1) Whether the petitioner sustained injuries in a motor vehicle accident on 12/13.5.96 due to rash and negligence of the deiver/R1? (2) To what amount the petitioner is entitled towards compensation and from whom? On the first issue, it recorded a finding to the effect that the accident occurred on account of rash and negligent driving on the part of Drivers of both the vehicles and fastened the liability to the extent of 50% on each of them. No appeal is preferred against the said finding by the respondents. Hence, the same needs to be taken as final. On the second issue, the Tribunal has undertaken extensive discussion and found that out of 7 injuries received by the appellant, four were grievous and three were simple in nature. For each of the grievous injury, the Tribunal awarded a sum of Rs.15,000/- and for simple injuries Rs.2,000/- each, in all Rs.66,000/-. No interfere is warranted with this. The appellant submitted medical bills and other related documents in support of his claim. Taking into account the nature of injuries and the period of treatment undergone by the appellant, the Tribunal awarded a sum of Rs.1,00,000/-, which this Court feels as reasonable. The appellant made claims under the heads of loss of earning, pain and suffering, loss of future earning on account of the disability etc. Though a disability certificate, marked as Ex.A7 was filed, the Tribunal rightly refused to take the same into account, since it was issued by a private Practitioner. Further, it was not established that on account of the so-called disability, the earning capacity of the appellant is diminished in any manner. No amount was awarded towards extra nourishment, transport charges and pain and suffering. It is not difficult to imagine the pain and suffering which a person undergoes on receiving as many as four grievous injuries and three simple injuries. A sum of Rs.10,000/- can be awarded under those heads. The appellant had to incur expenditure for travelling from his place of residence to various hospitals to take treatment. A sum of Rs.5,000/- can be awarded under that head. The extra nourishment is another aspect, which needs to be taken into account. At least Rs.5,000/- may have been incurred by the appellant to take extra nourishment on account of the injuries. Hence, the appeal is partly allowed enhancing the compensation by Rs.20,000/-. The enhanced amount shall carry interest at the rate of 7%. The liability to pay the said amount shall be in the same proportion as directed by the Tribunal for payment of the amount awarded by it. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:05.11.2011. kdl