THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.171 of 2008 JUDGMENT: Being aggrieved by the order and decree dated 29.10.2007 in M.V.O.P.No.393 of 2006 on the file of the Chairman, Motor Accident Claims Tribunal-cum-XXII Additional Chief Judge, City Criminal Court, Hyderabad, the present appeal is filed urging that the Tribunal without appreciating the evidence of PW.2 granted only a meagre compensation though the petitioner, who is an auto driver, has sustained disability @ 20% and thus requested for enhancement of compensation. Learned counsel appearing for the insurance company per contra urged that the Tribunal while assessing the disability granted the compensation liberally though there is no medical evidence regarding the alleged disability of the petitioner, and therefore not entitled for any enhancement of compensation. Now the point for consideration is whether the claimant is entitled for any enhancement of compensation? The injured while examining himself as PW.1 also had examined PW.2. According to PW.2 Dr.P.L.Srinivas, Assistant Professor of Orthopedics, Osmania General Hospital, the petitioner was admitted on 20.01.2006 with the complaints of closed commuted fracture of both bones of right leg and the patient was treated as inpatient from 20.01.2006 to 21.01.2006. He is of the opinion that the aforesaid injuries are grievous in nature. Doctor also further stated that the petitioner is having 2 cms. shortening in the right lower limb resulting in limping while walking. There is disability of 20% which is partial and permanent. However, while taking into consideration his expertise in the profession, some amount of credence be given to his testimony. Therefore, while taking into consideration the gravity of the injury as noted by PW.2 granting of Rs.25,000/- towards the grievous injury fracture of both limb against the earlier compensation of Rs.12,500/- is just and reasonable. Further, considering the bunch of medical bills filed by the petitioner vide Exs.A.8 and A.9 and also taking into consideration the gravity of injuries, granting of Rs.5,000/- towards medical expenses is just and reasonable besides granting of Rs.5,000/- towards pain and suffering and another Rs.5,000/- towards extra nourishment. In total an amount of Rs.40,000/- is granted against the compensation of Rs.12,500/- granted by the Tribunal. With the above modification, the appeal is allowed. No costs. _______________ K.S.APPA RAO, J 21st March, 2011 PNV