IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL No. 2297 of 1999 Between: Shaik Jahangir …… Appellant AND L.Sreenivas Gound and another ......Respondents Counsel for the Appellant: Counsel for the Respondents: The Court made the following:- JUDGMENT: This appeal arises out of the award passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Rangareddy District at Saroornagar in O.P.No.1050 of 1996. This appeal is filed by the injured claimant seeking enhancement of compensation. He made a claim of Rs.60,000/- in respect of the injuries sustained by him in a motor vehicle accident and the learned Tribunal after conducting enquiry into the claim, granted an amount of Rs.15,000/- with interest at the rate of 12% per annum from the date of petition till the date of realization. Heard both sides. It is the evidence of the claimant, who was examined as PW1, that in the accident in which D.C.M., Van bearing No. A.P. 9 T 9529 was involved, the accident occurred due to rash and negligent driving of the driver of the said vehicle and in the said accident both bones of left leg of the appellant-claimant were fractured. He was treated as in- patient in Osmania General Hospital for 11 days. All these facts have been testified by the appellant who was examined as PW1 before the Tribunal. The claimant has not examined the doctor, who treated the claimant in the hospital, and however Ex.A4, discharge card, filed by the appellant shows that he was treated in the hospital from 29.09.1996 to 10.10.1996 and he was operated for fracture of both bones of left leg on 08.10.1996. The learned Tribunal also mentioned in it’s award that Ex.A4 discharge card tallies with Ex.B3 medico legal record. The Tribunal granted only a lump sum amount of Rs.15,000/- on the ground that the doctor was not examined and no disability certificate was filed. The procedure to be followed by the Motor Accident Claims Tribunal in adjudicating the third party claims arising under motor vehicles Act is summary in nature. The Tribunal need not follow strictly the procedure laid down in C.P.C. or the rules of evidence mentioned in the Indian Evidence Act. It can evolve it’s own procedure without departing from the principles of natural justice. The Motor Vehicles Act being welfare legislation, has to be interpreted as far as practicable in favour of the claimant. In the instant case, Ex.B3 medico legal record and Ex.B4 discharge card clearly indicate that the appellant sustained fracture of both bones of left leg and the said documents were admitted in evidence without protest by the opposite party. In the absence of the evidence of the doctor, no finding can of course be given to the effect that the appellant sustained any disability. But there is no legal impediment for the Tribunal to award a reasonable amount for the injury sustained by him, for pain and suffering and medical expenses etc. Exs.A3 and A4 leaves no doubt as to the fact that the injury sustained by the appellant/claimant is a grievous injury. Therefore, for the grievous injury sustained by the claimant in the motor vehicle accident an amount of Rs.15,000/- can be granted to him. Apart from that, an amount of Rs.10,000/- can be granted to him towards pain and suffering. The appellant-claimant filed medical bills for an amount of Rs.713-70 under Ex.A5. However, it is not possible for the patient to keep all the medical bills with him and an amount of Rs.11,000/- can be granted towards medical expenses considering the nature of injuries and the kind of treatment. Thus, the appellant is entitled for an amount of Rs.36,000/- as compensation, and the enhancement, would be Rs.21,000/-. In the result, the compensation of Rs.15,000/- granted by the Tribunal is enhanced to Rs.36,000/- and with the said enhancement the civil miscellaneous appeal is partly allowed. There shall be no order as to costs. _________________ (R.KANTHA RAO, J) September 24, 2009. Ivd