THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.309 OF 2002 DATED : 24-6-2010 BETWEEN: Mohd. Altaf Hussain, S/o.Mohd. Hussain Appellant & Mohd. Faiz Ali, S/o.Mohd. Liyakath Ali & another Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.309 OF 2002 JUDGMENT: This appeal is filed by the claimant aggrieved by the award dated 31-10-2001 passed in OP No.281 of 1998 by the Motor Accidents Claims Tribunal-cum-District Judge, Medak at Sangareddy. The claimant-appellant herein made a claim for Rs.1,50,000/- on account of injuries sustained by him in the motor accident involving the accident Van bearing registration No.AP 25T 5812 on 25-5-1998. 2. The case of the appellant is that on the fateful day he was travelling in a tractor along with two bags of rice from Atmakur to go to Hyderabad and when they reached Cheriyal cross road, the driver of the accident Van driven negligently in high speed dashed the tractor, due to the impact of the same, the claimant sustained grievous injuries all over the body. The complaint filed by the appellant before the concerned Police is marked as Ex.A-1, charge sheet is marked as Ex.A-2, Ex.A-3 is the OP chit, Ex.A-8 are medical bills. 3. The Tribunal, by the impugned order allowed the OP in part and awarded a sum of Rs.1,00,070/- with interest at 9% per annum from the date of petition till realization. 4. Heard the learned counsel for the parties. Perused the impugned award passed by the Tribunal. 5. In the instant case, it is not in dispute that the claimant sustained injuries in the accident involving the Van bearing No.AP 25T 5812. As to the culpability in causing the accident, it has come in the evidence of the claimant that when he was travelling in the tractor the accident van came in rash and negligent manner and dashed and as result of the same, he sustained grievous injuries, which in the absence of any rebuttal evidence adduced by the respondents, the finding does not warrant any interference by this Court. 6. Now coming to the question of award of just compensation, to prove the nature of injuries, the claimant examined PW-2 Dr.D.Raji Reddy, Neuro Surgeon, Appollo Hospital, Hyderabad, who deposed that the claimant sustained head and facial injuries and there was tenderness and abnormal mobility of mandible. PW-3 Dr. Behtaj Hussain, Dentist, deposed that he treated the claimant for fracture of the jaws and for replacement of lost teeth. He further deposed that he replaced six teeth in the upper jaw and four teeth in the lower jaw and there was a facture of right parasyphysis and maxillary. Ex.A-5 is the treatment certificate issued by the Apollo Hospital. As per the oral evidence of PWs.2 and 3, besides the documentary evidence goes to show that the claimant sustained grievous nature of injuries. Though no disability certificate was filed, in view of the peculiar nature of injuries sustained by the claimant, which are grievous in nature, this Court is inclined to grant a sum of Rs.75,000/- towards injuries and pain and suffering besides the amount of medical bills under Ex.A-8 which is Rs.50,077/- or say Rs.50,000/-, totalling to Rs.1,25,000/-. Thus the claimant-appellant is entitled for a compensation of Rs.1,25,000/- with interest at 6.0 % per annum from the date of petition till the date of realization of the amounts. 7. In the result, appeal is allowed in part and the impugned award of the Tribunal stands modified accordingly. No costs. _____________________ Ghulam Mohammed, J Dated 24-6-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.309 OF 2002 24-6-2010