HON’BLE SRI JUSTICE V.ESWARAIAH C.M.A.NO.2752 OF 2002 Dt.15.7.2010 Between: V.Maheswara Reddy ..Appellant And L.Raman Reddy and another ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH C.M.A.NO.2752 OF 2002 JUDGMENT: Appellant herein is the claimant. M.V.O.P.No.569 of 2000 on the file of the Motor Accident Claims Tribunal-cum-II Additional District Court, Kurnool, filed the claimant against the 1st respondent owner of the lorry bearing No.AP 04T 5567 insured with the 2nd respondent insurance company claiming compensation of Rs.1,80,000/- for the injuries sustained by him in the accident that occurred on 18.3.1997 near Nerwada bus stage, was allowed partly awarding compensation of Rs.70,000/- with 9% interest thereon from the date of petition till the date of realization. The insurance company alone contested the matter. In so far as the finding of the Tribunal below that the accident occurred due to rash and negligent driving of the driver of the said lorry resulting injuries to the petitioner/ appellant has become final and no one challenges the said award. This appeal is filed for enhancement of compensation. The appellant examined himself as P.W.1. It is stated by reason of the said accident occurred on 18.3.1997 due to rash and negligent driving of the said lorry driven by its driver, the petitioner sustained fracture to his left knee joint and to his head. The petitioner also filed Ex.A-1 copy of F.I.R. in Cr.No.22 of 1997 of Panyam P.S and Ex.A-2 copy of wound certificate. As per Ex.A-2 wound certificate the petitioner sustained a lacerated injury on right ear lobula, lacerated injury over medial aspect of left knee, abrasion over medial aspect of left ankle joint and abrasion over right zygoma (bleeding from right ear and head injury). The X-ray of left knee revealed fracture fibula with effusion in joint and fracture of femur, pain in the joint cavity. Fractures relate to injury No.2. Other injuries are described as simple injuries. P.W.2, the doctor working as Assistant Ortho Surgeon, Government General Hospital, Kurnool, examined the claimant on 5.4.2002 stated that there is shortening of one inch left lower limb which is equal to 10% disability. Considering the oral and documentary evidence, the Tribunal below awarded compensation of Rs.25,000/- to each of the two fractures, a sum of Rs.1,500/- to each of the two simple injuries and a sum of Rs.7,000/- towards pain and suffering. Admittedly, the claimant appellant sustained two fracture injuries and there is 10% disability and according to the evidence of P.W.2 the claimant sustained permanent disability and that his earning capacity has been affected through out by reason of the said accident. Having regard to the facts and circumstances of the case, I am of the opinion that the appellant is entitled to Rs.30,000/- for each of the two fracture injuries, Rs.10,000/- towards pain and suffering and Rs.2,000/- each for the two simple injuries. Apart from that, the Tribunal also awarded a sum of Rs.10,000/- towards medical, hospital, attendant and transportation charges. Thus, in all the claimant is entitled to Rs.60,000/- for the two fracture injuries, Rs.4,000/- for the two simple injuries, Rs.10,000/- towards pain and suffering and Rs.10,000/- towards medical, hospital, attendant and transportation charges. Accordingly, the appeal is allowed enhancing the compensation from Rs.70,000/- to Rs.84,000/- and the claimant is also entitled to 7% interest per annum on the enhanced compensation amount. No order as to costs. ________________ V.ESWARAIAH, J. 15.7.2010 kpr