THE HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A.No. 2857 of 2003 JUDGMENT: The C.M.A. is filed aggrieved by the order and decree dated 9.6.2003 passed in O.P.No. 989 of 2001 on the file of the Motor Accident Claims Tribunal-Additional District Court, Vizianagaram. The facts of the case in brief are that: On 9.5.1997 at about 1p.m. when the deceased Gourinaidu was boarding the lorry, the 1st respondent drove the lorry in a rash and negligent manner with high speed and without observing the Gowrinaidu as a result of which the said Gowrinaidu hit to a wall as a result of which he received severe injuries. Immediately he was taken to Govt. Hospital, Parvathipuram and from there to KGH, Visakhapatnam he succumbed to injuries and died. The learned counsel for the appellant urged that the injured died while undergoing treatment and the compensation granted by the lower Court is very meager and requested for enhancement of compensation. The respondents counsel urged that in the lower Court the doctor, who treated the deceased was not examined and the postmortem certificate was not filed and therefore, the compensation granted by the lower Court is just and reasonable. The point for consideration is whether the request of the appellant for enhancement of compensation is justified? Petitioner Nos. 1 to 4 are the legal heirs of the deceased Gowrinaidu and they filed O.P. claiming a compensation of Rs. 2,00,000/-. In the lower Court 1st claimant is examined as P.W.1, who is not an eye witness to the incident. P.W-2 is an eye witness to the incident. The manner in which the accident was occurred was not disputed. Admittedly Exs.A-2 to A-4 are wound certificates. Ex.A-1 is the FIR, the basis for registering the crime against the driver of the offending lorry bearing No. AP 35 T 1271. As per Ex.A-1 on 9.5.1997 while Gowrinaidu was getting into the lorry, the driver of the said lorry started suddenly, thereby Gowrinaidu hit the damaged wall and fell down and sustained injuries. Ex.A-2 is the wound certificate of the Gowrinaidu. The claimants did not mention the date of death of Gowrinaidu in the claim petition. They filed only Ex.A-5 death certificate said to have been issued by Surpanch, Surrvmmpeta village, wherein it is mentioned that Gowrinaidu died on 9.7.1997 wherein the accident took place on 9.5.1997, the petitioners did not adduce any evidence to show that Gowrinaidu died due to injuries sustained in the accident. They have also did not file charge sheet in support of the contention. Further more, the doctor, who appears to have examined Gowrinaidu is not examined. The learned Judge correctly discussed the evidence on record. The learned Judge rightly discussed the evidence on record and come to a correct conclusion while giving compensation. Therefore, the compensation granted by the lower Court is just and reasonable and hence I see no grounds to interfere with the Order of the lower Court. In the result, the C.M.A. is dismissed. No order as to costs. ___________________ 3.2.2011 CHV