THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.CIVIL MISCELLANEOUS APPEAL No.1417 OF 2011 JUDGMENT: Heard. 2. The appellant herein is the petitioner in O.P.No.315 of 1999 on the file of Motor Accidents claims Tribunal-cum-District Judge, Adilabad, where-under his claim for compensation of Rs.1,00,000/- for the injuries received by him in motor accident was dismissed. 3. According to the case of the petitioner on 14.09.1996 at about 5.30 p.m., when the petitioner was going in a jeep bearing No.AP 9P 939, the lorry bearing No.ATK 1499 came in opposite direction in a rash and negligent manner and dashed against the jeep, as a result of which, the petitioner received multiple injuries and he spent money for treatment. The 1st respondent remained ex parte and the 2nd respondent filed a counter contending that it is a case of head on collusion of two vehicles and the driver of the other vehicle is also responsible and as such, the insurance company is not liable to pay the same. On behalf of the petitioner, PW.1 was examined and marked Exs.A.1 to A.7. On behalf of the respondents, no oral or documentary evidence is adduced. 4. The lower Tribunal in para No.7 found that the accident took place and the petitioner sustained injuries in that accident due to rash and negligent driving of the lorry bearing No.ATK 1499 by its driver and under issue No.2 he also found the liability of the insurance company. However, as there is no proof of injuries and the expenditure incurred by the petitioner, the petition was totally dismissed. 5. It is to be mentioned that the finding of the lower Tribunal in para No.7 that the petitioner has suffered injuries in the motor accident. It is also not in dispute that the police have filed a charge sheet under Ex.A.4 for the offences under Sections 337 and 338 of the Indian Penal Code. The learned counsel for the appellant has produced the copy of the Medical Certificate, which shows that there are about four simple injuries to the petitioner and one blunt injury, which is grievous. There are said to be fracture of both bones. In fact, the X-ray films were also marked as Exs.A.5 to A.7. 6. Therefore, in view of the above circumstances, I feel the ends of justice would meet if a compensation of Rs.12,000/- is granted for the pain and suffering to the injuries and if a sum of Rs.5,000/- is granted as compensation for medical expenses and attendance and a sum of Rs.3,000/- is granted for transport and the temporary loss of wages. The total compensation petitioner entitled to is Rs.20,000/-. The insurance of the vehicle is being admitted, an award is passed for Rs.20,000/- payable with interest at 7.5% from the date of petition. Accordingly, the Civil Miscellaneous Appeal is allowed in part. Each party shall bear their own costs. ________________________ N.R.L.NAGESWARA RAO,J Date: 14.07.2011 INL