HONOURABLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A.No.1146 of 2005 JUDGMENT The appellant-claimant filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act’) against the order, dated 06.08.2004, passed in O.P.No.151 of 1998 by the learned I Additional District Judge-cum-Chairman, Motor Accidents Claims Tribunal, Mahabubnagar (for short ‘the Tribunal’). 2. On 26.07.1997 at about 11.00 PM, while the claimant along with others was travelling in a jeep bearing No.ATV/6950, and when it reached near Macharam Sivar, she sustained injuries in a motor accident occurred due to rash and negligent driving of its driver. She filed O.P.No.151 of 1998 claiming compensation of Rs.50,000/- against respondents 1 and 2 being owner and insurer, respectively, of the crime vehicle. Both the respondents filed counter affidavits denying the allegations made in the claim petition. By the order impugned, the Tribunal awarded compensation of Rs.12,000/-with proportionate costs and interest at 9% per annum payable by respondent Nos.1 and 2 jointly and severally from the date of the petition till the date of realisation. Dissatisfied with the quantum of compensation, the appellant- claimant filed this appeal. 3. Heard the learned counsel for the appellant and the learned counsel for respondent No.2-insurer. 4. Learned counsel for the appellant-claimant contended that though the claimant sustained grievous injuries, the Court below awarded less compensation to her. He further contended that the Tribunal ought to have granted compensation towards pain and suffering, medical expenses and transportation charges. 5. There is no dispute with regard to rash and negligent driving of the driver of jeep at the time of accident. The dispute is with regard to the quantum of compensation awarded by the Tribunal. The claimant, who was examined as P.W.2, stated that she sustained fracture of left clavicle, which is a grievous injury. For treatment of the said grievous injury, she might have spent some amount towards medical expenses. Therefore, considering the nature of injury sustained by the claimant as per Ex.A6-injury certificate, I deem it appropriate to award a sum of Rs.15,000/- towards grievous injury, Rs.5,000/-towards pain and suffering and Rs.5,000/-towards medical expenses though she has not produced any medical bills. In total, a sum of Rs.25,000/- is awarded to the claimant towards compensation. Thus, the compensation awarded by the Tribunal is enhanced from Rs.12,000/- to Rs.25,000/- The order of the Court below in all other aspects shall remain unaltered. The enhanced compensation amount shall carry interest @ 7% per annum from the date of the petition till realization. 6. With the above modification, the Civil Miscellaneous Appeal is allowed in part. No costs. _____________________ GHULAM MOHAMMED, J Date:10.02.2011 sj