THE HON'BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A.NO. 228 OF 2008 Dated: 30th March, 2011 Between: Malala Mallesh S/o Venkataiah, Age 25years Occ: Coolie, R/o Polepalli Village, Jadcherla Mandal, Mahabubnagar District ..... Petitioner AND 1. Mohd. Mustafa, S/o Mohd. Taher, Age Major Occ: Owner of the Auto No.AP 22 U 8467 R/o H.No.8-49, Kavarampet village, Jadcherla Mandal, Mahabubnagar District. 2. The New India Assurance Company Limited, Represented by its Divisional Manager, Divisional Office, HDCT Complex, Railway Station Road, Kurnool .....Respondents THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A No.228 of 2008 JUDGMENT: Being aggrieved by the Order and decree dated 01.09.2007 passed in O.P.No.700 of 2005 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Mahabubnagar, the present Motor Accident Civil Miscellaneous Appeal is filed. 2. The appellant herein is the petitioner in the Tribunal below and he filed the present appeal seeking compensation of Rs.1,00,000/- for the injuries sustained by him in the road traffic accident that occurred on 21.12.2004. The Tribunal below while assessing the evidence adduced by the petitioner, granted a sum of Rs.14,000/- against the claim of Rs.1,00,000/-. Being aggrieved with the finding of the order of the Tribunal below, the present appeal is filed mainly alleging that the lower Court without assessing the disability and gravity of the injuries, granted only a meagre amount of Rs.14,000/- under all heads which is not sustainable. 3. Now, the point for consideration is: Whether the Order of the lower Court is sustainable and the appellant is entitled for any enhancement of compensation? P O I N T: 4. On behalf of the petitioner, in the Tribunal below two witnesses were examined as P.W-1 and P.W-2 and marked Exs. A-1 to A-5. Ex.A-3 is the wound certificate relating to the injured P.W-1 in proof of the injuries. Further, the petitioner did not produce any wound certificate or medical record issued by the Doctor of the Government Hospital, Mahabubnagar. However, the lower Court while placing reliance on Ex.A-3 and considering the gravity of the injury granted compensation of Rs.10,000/- towards pain and suffering of grievous injury. The factum of accident was admitted by the insurance company. It is undisputed that the petitioner was examined in Government Hospital, Badepally on 21.12.2004 and wound certificate was issued, which reads that the petitioner had sustained fracture of right clavicle and the same has been confirmed by X-ray No.516 of 45 dated 22.12.2004. The evidence of P.W-1, the petitioner, is that he sustained grievous injuries and he was treated as in patient in the Government Hospital, Mahabubnagar and thereafter, took treatment privately for about four months. 5. Admittedly, the petitioner is a coolie, aged about 23 years. Due to the alleged accident, he has deprived of his earnings thereby a substantial amount towards compensation is to be granted for the said injury i.e. fracture of right clavicle. Therefore, granting of Rs.10,000/- by the lower Tribunal is very meagre and therefore granting of Rs.20,000/- for the said injury towards pain and suffering is just and reasonable. Accordingly Rs.20,000/- is granted for the same. 6. The lower Court granted Rs.1,000/- under the head of medical expenses and Rs.1,000/- under the head of extra nourishment. Since the petitioner sustained grievous injuries, Rs.5,000/- shall be granted under the said heads of medical expenses and extra nourishment each. Accordingly, Rs.10,000/- is granted. 7. Under the head of transportation charges, the Tribunal below granted Rs.500/- and the same is enhanced to Rs.1,000/-. 8. The Tribunal also granted Rs.1,500/- as compensation towards loss of earnings. The petitioner being a coolie is deprived of the income for about more than two months in view of the fracture. Therefore, granting of Rs.5,000/- towards loss of income is just and reasonable. 9. In total, an amount of Rs.36,000/- is granted against the award of Rs.14,000/- granted by the lower Court. 10. In the result, with the above modification the Motor Accident Civil Miscellaneous Appeal is partly allowed. There shall be no order as to costs. ____________________ K.S.APPA RAO, J March 30th, 2011 SP