HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.2406 OF 2011 JUDGMENT: The appeal is filed by the claimant against the order in O.P.No.2272 of 2001 on the file of the Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad, questioning the quantum of compensation. 2. A claim for compensation of Rs.1,50,000/- was made for the injuries received by the petitioner in a motor accident. 3. According to the case of the petitioner, on 30.09.2001 at about 8.15 P.M., when he was going on a Hero Honda motorcycle bearing No.AP 28 AB 4641 and reached near Impact Metals Limited, Gagilapur, the auto bearing No.AP 13 V 9842 driven by its driver came in the opposite direction rashly and negligently and dashed against the Hero Honda. As a result of which, the petitioner fell down and sustained fracture of right shaft femur, fracture of both bones of right leg and injuries all over the body. The petitioner was said to have been treated as in-patient, spent money for treatment and suffered disability. The 1st respondent, who is owner, remained ex parte and the 2nd respondent-Insurance company filed a counter denying the averments in the petition, putting the petitioner to strict proof of rashness and negligence on the part of the driver of the vehicle, nature of injuries received by him and also the medical expenses incurred by him. 4. After considering the material on record, the lower Tribunal found that the petitioner is entitled to a compensation of Rs.90,000/- payable by both the respondents. Being not satisfied with that, the present appeal is filed. 5. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? 6. POINT: So far as the nature of the incident and involvement of the vehicle is concerned, there is no dispute. According to the case of the petitioner, he has sustained fractures of right shaft femur and both bones of right leg and injury on his head and he was said to be in hospital for about 25 days. Ex.A.3-injury certificate is accepted by the lower Tribunal. Therefore, taking into consideration the above fact, the Tribunal has granted a sum of Rs.25,000/- towards pain and suffering, which cannot be said to be low. 7. So far as the medical expenses is concerned, a sum of Rs.10,000/- was granted as there were medical bills only for a sum of Rs.8,391/-. The lower Tribunal has also taken into considration that the petitioner must have lost earnings for a period of four months due to the injuries and granted a sum of Rs.11,000/- towards loss of income. The Tribunal has also taken into consideration the disability, though the certificate was not issued by the competent authority, and granted Rs.40,000/- towards loss of amenities. A sum of Rs.4,000/- was also granted towards transport expenses. Therefore, the Tribunal has taken into consideration all the factors that have to be considered while granting compensation and the amount awarded by the Tribunal is highly reasonable and it does not call for any interference. There are no merits in the appeal. Accordingly, the appeal is dismissed. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:23.12.2011 INL