HON’BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No. 2052 OF 2005 JUDGMENT: This Appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the order dated 18.10.2004 passed by the Motor Accident Claims Tribunal cum VI Additional District Jduge, Fast Track Court, Nizamabad (for short ‘the Tribunal’) in OP No. 661 of 2000 filed by the claimant claiming compensation of Rs. 1,20,000/- for the injuries sustained by him in a motor accident that occurred on 11.5.2000 at about 6.30 PM when he along with others were going in an auto bearing No. AP 25 T 7911 from Bardipur to Nizamabad, on the way at Boregaon bridge the driver of the auto drove the same in rash and negligent manner and as a result of which, the auto turned turtle and due to which he sustained injuries. First respondent being owner of the auto bearing No. AP 25 T 7911 and the second respondent- Oriental Insurance Company Limited filed its counter denying all the averments made in the petition. 2. The Tribunal having held that the accident occurred due to rash and negligent driving of the driver of the Auto bearing No. AP 25 T 7911 and respondents 1 and 2 are jointly and severally liable to pay the compensation. As far as the claim of compensation is concerned, the Tribunal taking into consideration the evidence of PWs 1 and 2 and also the documentary evidence viz., Exs A1 and A2, awarded total compensation of Rs. 4,000/- with interest at 9% per annum from the date of petition till the date of deposit into Court. Aggrieved by the same, the claimant filed the present Civil Miscellaneous Appeal. 3. The learned counsel appearing for the appellant contended that the Tribunal did not appreciate the fracture of ribs and other injuries and huge expenses spent by the claimant towards treatment, transport, extra nourishment. He also submits that the Tribunal cannot brush aside Medical evidence or disability and the enquiry before the Tribunal is summary in nature and the claim cannot be rejected on technical grounds that too in the absence of contra evidence. 4. Heard the learned counsel appearing for both sides and perused the material made available on record. 5. As seen from the record, it is no doubt true that due to rash and negligent driving of the Auto bearing No. AP 25 T 7911 by its driver, accident occurred and due to which, the claimant received grievous injuries. PW-2, doctor treated the claimant. Ex. A4 is the discharge summary and Ex. A5 is the MLC register issued by Amrutha Laxmi Speciality Hospital, Nizamabad and as per Exs A4 and A5 the claimant received the following injuries: “1. Tenderness of right lower chest. 2. Abrasion on left elbow. 3. Selling and tenderness over left leg.” 6. As per X-ray of the chest, the claimant was having fracture of 7th, 8th, 9th and 10th ribs. But the doctor who treated the claimant has not issued any disability certificate. Therefore, it is very difficult to assess the compensation with regard to injuries whether they are grievous in nature or simple in nature. Therefore, the matter is remitted for fresh disposal. 7. Accordingly, the Civil Miscellaneous Appeal is allowed and the matter is remitted for fresh disposal for assessing the compensation on the disability certificate to be issued by the Doctor viz., Dr. G. Jaya Prakash, PW-2 herein, who treated the claimant. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J Date: 18.11.2010 KA