HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.499 of 2008 Date: 29-7-2011 Between Ragula Eshwaraiah @ Ravula Eshwaraiah … Appellant/Petitioner and Sk.Altaf Hussain and another … Respondents/ Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.499 of 2008 Judgment: Being aggrieved by the award and decree dated 01-11-2007 in O.P.No.250 of 2003 on the file of the Motor Accident Claims Tribunal cum IV Additional District Judge (Fast Track Court), Nizamabad, Nizamabad district the present civil miscellaneous appeal is filed by the appellant-petitioner. 2. The appellant herein is the claimant in O.P.No.250 of 2003 before the tribunal below. The claimant filed the said O.P., claiming compensation of Rs.3,00,000/- for the injuries sustained by him in a road traffic accident that occurred on 21-10-2002. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.20,000/- under all heads. Being aggrieved, the present civil miscellaneous appeal is filed by the claimant. 3. The learned counsel for the appellant-claimant mainly urged that the tribunal below awarded only meagre compensation of Rs.20,000/- against the claim of Rs.3,00,000/-, which is erroneous and placed reliance on Ex.A-3 wound certificate and the evidence of P.W.2. 4. Now, the point for consideration is -- whether the appellant- claimant is entitled for enhancement of compensation ? 5. Point:- The factum of accident is not disputed. The injured while himself examined as P.W.1, examined P.W.2 Dr. Bhoopathi Reddy and got marked Ex.A-3 wound certificate and Ex.A-5 X-ray films. Therefore, the evidence of P.W.2 assumes paramount importance while granting compensation. According to P.W.2, he examined P.W.1 in his hospital and found the injury to chest and fracture of ribs (left side). He also deposed that he treated the patient conservatively and the aforesaid injury is grievous in nature and issued Ex.A-3 wound certificate. Ex.A-5 X-ray films also reads about the grievous injury sustained by P.W.1. 6. According to P.W.1, he sustained fracture of right hand, fracture of skull, fracture of both bones of both legs, fracture of ribs and other simple injuries and sustained permanent disability. In proof of the same, he has not adduced any evidence except the evidence of P.W.2 and Ex.A-3 wound certificate. The tribunal below, while taking into consideration the evidence of P.W.2 and the injuries noted in Ex.A-3 wound certificate, awarded the total compensation of Rs.20,000/- against the claim of Rs.3,00,000/-. 7. Admittedly, the injured is aged about 38 years and working as a Lineman in A.P. Transco and doing agriculture. As per the evidence of P.W.2, the patient was treated conservatively and found fracture of ribs (left side). The tribunal below awarded only an amount of Rs.5,000/- towards pain and suffering and Rs.5,000/- towards injuries. In any view of the matter, the aforesaid compensation, in my view, is very meagre and disproportionate. Therefore, granting of Rs.10,000/- towards pain and suffering and Rs.15,000/- towards the grievous injury is just and reasonable. However, the tribunal below granted Rs.5,000/- towards loss of earnings and Rs.5,000/- towards transportation, medical expenses and extra nourishment. In my view, the same are just and reasonable and proportionate and the same are confirmed. In total, the petitioner is entitled for compensation of Rs.35,000/-. 8. In the result, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.20,000/- to Rs.35,000/- (Rupees thirty five thousand only). The enhanced amount of compensation shall carry interest at the rate of 7.5% per annum from the date of petition till realization. No costs. ___________________ K.S.APPA RAO, J. 29th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.499 of 2008 29th July, 2011. (Ak)