THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.NO.208 OF 2008 JUDGMENT: Aggrieved by the judgment and decree dated 23.01.2007 passed in O.P.No.2338 of 2004 on the file of the XIV Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, the present appeal is filed. The appellant herein is the petitioner in the Court below and he filed petition claiming compensation of Rs.2,00,000/- for the injuries sustained by him in the road accident on 24.07.2004. After due enquiry, the Court below, while considering the evidence on record, awarded an amount of Rs.98,000/- under all heads. Aggrieved by the same, the present appeal is filed mainly urging that the Court below granted meager compensation in spite of the fact that the appellant sustained grievous injuries and lost earning capacity and requested for enhancement of compensation. Learned counsel appearing for the respondent, while answering the arguments advanced by the appellant’s counsel, argued that the Court below, without going into the merits of the case, granted very liberal compensation though there was no claim under some heads. Now, the point for consideration is whether the appellant is entitled for enhancement of compensation. The factum of accident is not disputed. In order to discharge his burden in proving the injuries, the appellant examined P.W.2-Dr.Kollam Chandra and P.W.3-P.K.Raju, the Branch Manager of the Company in which the appellant was working and filed Exs.A1 to A13. It is an admitted fact that the petitioner sustained two fractures of both bones of right leg, which was operated and plates were inserted. P.W.2, Dr.Kollak Chandra, stated that he is a Visiting Doctor in Tulasi Nursing Home and the appellant was admitted on 25.07.2004 with fracture of both bones of right leg. He conducted operation on the same date and inserted plates. The petitioner was discharged on 11.08.2004 and thereafter; he was treated as an outpatient. Ex.A13 is Bunch of X-rays (6) in number. The Court below, while taking into consideration the evidence of P.Ws.2 and 3, besides documentary evidence filed on behalf of the appellant, awarded an amount of Rs.98,000/- towards compensation i.e., Rs.15,000/- for loss of earnings, Rs.2,000/- for transport to Hospital, Rs.50,000/- for medical expenditure and extra nourishment, Rs.1,000/- for damage to clothing, Rs.10,000/- for pain and suffering, Rs.10,000/- for loss of amenities of life and Rs.10,000/- for loss of expectation of life. In my view, the award of compensation by the Court below is very liberal. It is to be noted that though the appellant did not claim Rs.10,000/- towards loss of expectation of life, the Court below granted the said amount. In that view of the matter and also from the set of circumstances and evidence on record, granting of compensation by the Court below is very much excessive. Therefore, I see no ground to enhance any amount of compensation. Accordingly, the MACMA is dismissed. No costs. _______________ (K.S.APPA RAO, J) 10th June 2011 RRB