HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO. 1986 OF 2001 Dated: 11.03.2010 BETWEEN Khammam Ramesh .. Appellant And Neyella Kanakaiah and others .. Respondents HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.1986 OF 2001 JUDGMENT: This appeal is filed by the injured claimant challenging the award dated 29.01.2001 passed by the Motor Accidents Claims Tribunal- cum-II Additional District Judge, Karimnagar in O.P.No.190 of 1998. 2. I have heard the learned counsel appearing for the appellant and the learned counsel appearing for the third respondent – insurance company. 3. The appellant-injured was aged 35 years on the date of accident and he was a labourer and his income is said to be Rs.3,000/- per month. There is no proof of income except oral evidence. PW.2, doctor who examined the appellant stated in his evidence that the appellant suffered fracture of the right ankle. However, the appellant did not file any disability certificate nor did he state anything about sustaining the permanent disability. Therefore, it is not possible to award any amount towards loss of earnings. The learned Tribunal did not specify the heads under which compensation is granted, but only awarded lump sum amount of Rs.25,000/- against the claim of Rs.50,000/- made by the claimant which amount is not proper. 4. For the grievous injury sustained by the appellant, an amount of Rs.15,000/- can be granted. This apart, an amount of Rs.10,000/- can be granted to the appellant towards pain and suffering. The appellant filed Ex.A.5-medical certificate and Ex.A.6 medical bills showing that he incurred expenditure of Rs.16,900/- towards medical expenses. However, no person, who issued bills, was examined with reference to the said bills. PW.2-doctor stated in his evidence that he treated the appellant in his private nursing home, therefore, it would be appropriate for this Court to award an amount of Rs.5,000/- to the appellant towards medical expenses considering the nature of injuries received by him and the treatment he had undergone. In all the appellant is entitled for compensation of Rs.30,000/-. The enhancement, therefore, would be Rs.5,000/-. 5. With the above enhancement in the compensation, the appeal is partly allowed. There shall be no order as to costs. _______________ R.KANTHA RAO,J Dated: 11.03.2010 Kvrm