THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.NO.2747 OF 2011 JUDGMENT:- This appeal is ﬁled being aggrieved by the award dated 02.02.2005 in M.V.O.P.NO.111 of 2000 on the ﬁle of the Motor Accidents Claims Tribunal-cum-VII Addl. District Judge [FTC], Nizamabad. A claim for compensation of Rs.2 lakhs, for the injuries received by the petitioner in a motor accident that occurred o n 30-09-1999 while travelling in a car, was ﬁled by the petitioner stating that he received fracture on ribs and also both legs and lost of teeth. He is said to have been admitted at Government hospital, Armoor and thereafter at Nizamabad. The petitioner is said to have spent money for treatment. The ﬁrst respondent is the owner and the second respondent is the Insurance Company. The Insurance Company disputed the nature of the incident; injuries and also the nature of the claim. After considering the evidence on record, the lower Tribunal while accepting the cause of incident and relying upon the evidence particularly on the case sheet Ex.A-37 and wound certiﬁcate Ex.A-3 granted a compensation of Rs.28,112/-. Being not satisﬁed with the said award, the present appeal is filed. Now the point that arises for consideration is: Whether the amount of compensation granted by the lower Tribunal is just and legal? POINT:- The only dispute that is sought to be raised in this appeal is with regard to discarding of the evidence of the petitioner and the evidence of PW.2 about the nature of the injuries said to have been received. Though the evidence of PW.2 and also discharge sheet shows that there were three fractures, the lower Tribunal has taken into consideration Ex.A-3 wound certiﬁcate and also Ex.A-37 case sheet which clearly goes to show that there are lacerations and also a contusion of the nasal bridge. The lower Tribunal has discarded the evidence of PW.2 stating that his evidence has been inducted in other cases by the High Court which subsequently is evidently deleted. Ultimately, the lower Tribunal in Ex.A-3 found that the evidence on record shows that the petitioner received two simple injuries on right side of chest below nipple and also right knee and he was said to have been treated as an in-patient for 16 days and also accepted the claim of the petitioner that he might have been treated by several doctors. Consequently, a sum of Rs.15,000/- was granted for pain and suﬀering; a sum of Rs.5,000/- was granted towards medical expenses; a sum of Rs.3,000/- was granted towards extra nourishment and also a sum of Rs.3,112/- was granted towards loss of past earnings. Of these, the last item of the composition of compensation is not proper since the petitioner is a Government employee and he would not have lost any salary. However, the point for consideration is whether the evidence of PW.2 about his entry in the discharge sheet dated 13-10-1999 noticing the fracture of left mandible and left zygonatee process and also fracture of the left ribs is a truthful one or not? In case, if his entry with regard to discharge is to be accepted as true, then naturally the nature of the injuries received by the petitioner will be diﬀerent. In fact X-ray reports were also referred in the case sheet Ex.A-37. So far as the receipt of fractures are concerned, it is useful to refer to Ex.A-3, which was extracted at page No.6 of the lower court award whereunder the injuries noted as one contusion of 4 “ x 1” reddish in colour on left side of chest placed oblically, clinically 3rd, 4th and 5th ribs fracture. That being so, there is no reason to discard the evidence of PW.2 about the nature of the injuries noticed by him. Even otherwise, the second injury also goes to show that there is an injury to the nasal bridge and consequently the injury to the mandible cannot also be ruled out by a fall. Therefore, much eﬀort made by the lower Tribunal in discarding the evidence of PW.2 does not appear to be proper and taking into consideration the totality of the circumstances and nature of the injuries, I feel ends of justice would meet if a compensation of Rs.50,000/- is granted on all counts. Accordingly, the appeal is allowed in part. The appellant/claimant will be entitled to a sum of Rs.50,000/- towards total compensation in stead of Rs.28,112/- as granted by the lower court. _______________________ N.R.L. NĀGESWARA RĀO,J 03-12-2011 TSNR