THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No.2557 OF 2011 JUDGMENT:- The appeal is filed by the claimant/appellant against the award in O.P.No.964 of 2002 on the file of the Court of X Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad. The appellant herein made a claim for a sum of Rs.1,50,000/- for the injuries said to have been received by him on 09-02-2002 while he was going on a Scooter from Natrajnagar towards Borabanda, at the time, one Van bearing No.AP-9U-1792 came in a rash and negligent manner and dashed against the appellant, as a result, he sustained injuries. The respondent No.1 is the owner of the vehicle and respondent No.2 is the Insurance Company. Respondent No.1 remained ex parte and 2nd respondent filed a counter denying the allegations and put the petitioner to strict proof with regard to cause of accident and nature of injuries. After considering the evidence on record, the lower Tribunal has granted a compensation of Rs.60,000/-. Aggrieved by the said judgment, the present appeal is filed. Now the point that arises for consideration is:- Whether the compensation granted by the lower Tribunal is just and reasonable? POINT:- So far as the nature of the incident and cause of the injuries are concerned, there is no dispute. According to the case of the petitioner, he said to have received a compound fracture of right leg ankle joint and head injury. He claims to have suffered disability of 30%. He relied upon Ex.A-3 which is said to be a disability certificate issued by the Medical Board. The lower Tribunal found that the petitioner has not examined the Doctor. Evidently, the police seems to have filed only a charge sheet for an offence under Section 337 IPC as can be seen from the contents of the petition. However, there seems to be a fracture, which is not disbelieved by the lower court. The lower court has granted a substantial sum towards cost of medicines and extra nourishment. So far as the pain and suffering and loss of earnings are concerned, the learned counsel for the appellant claims that it is low. Evidently, the disability certificate does not show that it is a permanent total disability. Therefore, I feel ends of justice would meet if a compensation of Rs.85,000/- is granted. Accordingly, the appeal is allowed in part. The appellant/petitioner is entitled to a sum of Rs.85,000/- towards total compensation instead of Rs.60,000/- as granted by the lower court. _______________________ N.R.L. NĀGESWARA RĀO,J 01-11-2011 TSNR