THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No.1382 of 2011 JUDGMENT: Heard. 2. The appeal is filed by the claimant being not satisfied with the quantum of compensation granted by the lower Tribunal in O.P.No.29 of 2001 on the file of Motor Accidents Claims Tribunal-cum-I Additional District Judge for Ranga Reddy District at L.B.Nagar, Hyderabad. 3. A claim was made for Rs.3,00,000/- for the injuries said to have been received by the petitioner in a motor accident on 21.05.2000. The Insurance Company contended that there is no liability and the petitioner is put to strict proof of the rashness and negligence. On behalf of the petitioner except himself no other evidence was examined and marked Exs.A.1 to A.10. On behalf of the respondents, no evidence is adduced, the policy Ex.B.1 was marked. On considering the evidence on record, the lower Tribunal accepted the plea of the appellant that there was a rashness or negligence on the part of the driver of the vehicle. The lower Tribunal also took into consideration Exs.A.4 to A.6 though the doctor was not examined to come to a conclusion that there was an amputation of right feet and there were operations and he was in hospital for six days. Accordingly for the injuries, a sum of compensation a sum of Rs.20,000/- was granted and a sum of Rs.50,000/- was granted for disability and under all the heads the lower Tribunal granted total compensation of Rs.84,500/-. 4. The learned counsel for the appellant contends that the total compensation granted by the lower Court is less. Evidently, the petitioner has not examined the doctor to show that there is permanent functional disability and thereby depriving of earnings in future are temporarily. But, however, the lower Tribunal also took into consideration the factum of disability and granted a compensation of Rs.50,000/-. However, the lower Tribunal has not considered the loss of earnings. Taking into consideration the totality of the circumstances and also lack of evidence on the side of the petitioner, the compensation is fixed at Rs.1,00,000/- instead of Rs.84,500/- as granted by the lower court. 5. Accordingly, the award of the lower Tribunal modified and the appeal is allowed in part. No costs. _______________________ N.R.L.NAGESWARA RAO,J Date: 12.07.2011 INL