THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.3947 of 2008 JUDGMENT: This appeal is directed against the order, dated 05.09.2005, in O.P.No.482 of 1999 on the file of the learned Chairman, Motor Accident Claims Tribunal-cum- II Additional District & Sessions Judge, Nizamabad, wherein the said claim application filed by the 1st respondent herein, was allowed in part awarding compensation of Rs.35,000/- with interest @ 9% p.a. from the date of the petition. 2. Heard both sides. Perused the record. 3. 1st respondent herein filed the claim application seeking compensation of Rs.1,80,000/- for the injury sustained by him in a motor vehicle accident that occurred on 23.04.1999. According to the claimant, on that day while he was going on a cycle from Nandipet to Nizamabad, a jeep bearing No.MHA-781, driven in a rash and negligent manner by its driver, came in the opposite direction and dashed against the cycle of the claimant as a result of which he sustained multiple injuries, including fracture, and is taken to Government hospital, Nizamabad and subsequently continued treatment at a private nursing home. The owner of the jeep did not file any counter and the appellant-insurer filed a counter opposing the claim and denying their liability. 4. During enquiry, P.Ws.1 and 2 were examined and Exs.A1 to A23 were marked on behalf of the claimant. R.W.1 was examined and Ex.B.1-copy of the policy was marked on behalf of the 2nd respondent-insurer. 5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the jeep by its driver. The said finding is not seriously challenged by the appellant. The Tribunal, however, held that the claimant is entitled for total compensation of Rs.35,000/-. Accordingly, an award was passed for the said amount with interest @ 9% p.a. Aggrieved by the same, the insurer filed the present appeal. 6. The Tribunal awarded Rs.20,000/- towards compensation for one grievous injury and two simple injuries; Rs.5000/- towards pain and suffering; Rs.5000/- towards medicines and Rs.5000/- towards extra nourishment and transport charges. Claimant filed Exs.A2 and A3-injury certificates showing that he suffered fracture of left leg besides other injuries on the head, both ears and neck. Ex.A4 is the inpatient ticket issued by the Government hospital, Nizamabad showing that the claimant was admitted on 23.04.1999 and discharged on 29.04.1999. Exs.A5, A9 and A10 are the medical prescriptions and Exs.A6 and A7 are the medical bills. He also filed Exs.A11 to A20-registration card and medical bills issued by Pragathi hospital, but he has not examined any one from the said hospital to prove the contents of the said documents. The claimant has therefore failed to establish that he has taken treatment in a private hospital, namely Pragathi hospital, after his discharge from the Government hospital. 7. In the absence of any such evidence, the Tribunal has rightly discarded Exs.A5 to A7 and A11 to A20. Nevertheless, the evidence on record shows that the claimant suffered fracture injury on the leg and other injuries on the head and he was inpatient in the Government hospital for about one week. The claimant is therefore held entitled for a sum of Rs.5000/- towards pain and suffering for the grievous injury; Rs.5000/- for the simple injuries; Rs.5000/- towards medical expenses; Rs.5000/- towards extra nourishment and Rs.5000/- for transportation charges making up a total amount of Rs.25,000/- with interest @ 6% p.a. from the date of the petition. The impugned award is modified accordingly. 8. In the result, appeal is allowed accordingly to the extent stated above. _______________________ G.V.SEETHAPATHY, J 21st October, 2011 Tsy