HON’BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. No :2976 of 2005 JUDGMENT: This Civil Miscellaneous Appeal is directed against the order dated 4.8.2005 in O.P. No.2962 of 2003 on the file of the Additional Chief Judge- cum-Motor Accidents Claims Tribunal, City Civil Court, Hyderabad. The appellant is the injured claimant. According to the appellant, on 10.10.2003 while he was crossing the road at Rollakallu Village bus stop, an auto bearing No AP 24 V 0693 came from Angadipet stage towards Mallepaly with high speed in a rash and negligent manner and dashed the appellant, due to which, he sustained several grievous injuries including left parietal compound depressed fracture. Immediately, he was shifted to Anurag Orthopaedic Hospital, Chaitanyapuri, Hyderabad for treatment. The appellant was aged about 10 years and by virtue of the accident, he could not prosecute his studies for a long time. The appellant, therefore, filed the aforementioned claim petition through his father claiming compensation of Rs. 1,50,000/-. Before the Tribunal, respondent No.1 was set ex-parte. While opposing the O.P., the 2nd respondent filed counter stating that the appellant has to prove the cause of the accident, the age and his avocation. It also pleaded that the claim was excessive and exorbitant. Basing on the aforesaid pleadings, the Tribunal framed the following issues for trial: 1. Whether the accident in question took place on 10.10.2003 on account of the rash and negligent driving of the auto bearing No. AP 24 V 0693 by its driver ? 2. Whether the petitioner is entitled for compensation, if so to what amount and from whom? 3. To what relief ? In order to prove his case, the appellant examined his father as P.W.1 besides, examining the Orthopaedic Surgeon, who conducted surgery on the appellant as P.W.2. and got marked Exs. A1 to A14. On behalf of respondent No.2, no oral evidence was let in, however, Ex.B1 was marked. The Tribunal on a consideration of the oral and documentary evidence on record, granted an amount of Rs.46,125/- as compensation. Being dissatisfied with the compensation awarded, the appellant filed the present appeal. Sri K.L.N. Rao, learned counsel contended that even though the appellant is a minor boy of ten years and also underwent a surgery, the Tribunal failed to take the same into consideration and erroneously granted a meagre amount of Rs. 46,125/- as compensation. Hence, the appeal be allowed by granting necessary compensation. On the other hand, learned counsel for the respondent No.2 supported the impugned order. He submitted that the impugned order does not require any interference. Admittedly, in the instant case, the appellant filed Exs. A1 & A2, which are the copies of the FIR and charge sheet to prove that he sustained injuries in the accident, which occurred on 10/10/2003 and in the absence of any contra evidence being filed by the respondent No.2 to disprove the same, the Tribunal rightly held that the appellant sustained injuries in the accident in question. Hence, I am of the opinion that the appellant has been able to prove that the accident in question occurred on 10.10.2003 and that he sustained injuries in the accident in question. It is seen from the evidence on record that the appellant sustained two grievous injuries, i.e, left parietal compound depressed fracture and also cerebral contusion and dural tears. However, the Tribunal did not award any amount towards compensation for the injuries sustained by him. Hence, he is awarded an amount of Rs. 10,000/- each, i.e., Rs.20,000/-. Even though the appellant filed medical bills under Ex.A6 and A7 to A13 to show that he incurred an amount of Rs. 33,125/- and Rs. 7,371/- respectively, the Tribunal granted only Rs.33,125/- as medical expenses. Hence, the appellant is also entitled to Rs.7,371/- covered by Exs.A7 to A13. In addition to this, the appellant is entitled to an amount of Rs.1,000/- towards transportation charges; Rs.1,000/- towards damages to clothes, Rs.5,000/- towards pain and suffering; Rs.3,000/- towards attendant expenses; Rs.3,000/- towards extra nourishment and Rs.33,125/- towards medical expenses. In all the appellant is granted an amount of Rs. 73,496/-. The appeal is accordingly allowed and an amount of Rs. 73,496/- is granted as compensation instead of Rs.46,125/- as compensation together with interest at 7% from the date of petition till the date of realization. No costs. ______________________ GHULAM MOHAMMED,J DATE: 31st March, 2011 pnb