THE HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A.No. 3710 of 2003 JUDGMENT: Aggrieved by the judgment and decree dated 30.1.2002 in O.P.No. 1119 of 1995 on the file of the Motor Accident Claims Tribunal-cum-Additional District Judge, Nizamabad, the present C.M.A. is filed on the ground that the amount of compensation granted by the tribunal below is very meager and the tribunal below has not taken into consideration the earnings of the deceased and thereby the injuries sustained by him are prior to his death. Now the point for consideration is whether the claimants are entitled for enhancement of compensation? For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal. Appellants herein are the L.Rs. of the deceased Matta Charli. Originally O.P.No. 1119 of 1995 was filed by Matta Charli claiming compensation for the injuries sustained by him in the road traffic accident on 7.11.1995. After completion of evidence of petitioner as P.W.1, the petitioner died and the L.Rs. of the deceased filed I.A. under Order 22 Rule 3 Read with Section 151 of C.P.C. praying the Court to bring the L.Rs. of the deceased and as per the orders thereunder, the petitioner Nos. 2 to 6 were added as L.Rs. of the deceased, who died on 6.7.2000. The insurance company filed additional counter contending that the petition is not maintainable either in law or on facts for granting of any compensation to the claimants. It is the case of the claimants that Matta Charli on account of the accident sustained fractures and injuries on 7.11.1995. The original petitioner (who is no more) prior to his death deposed while he was traveling as a pillion rider, he met with an accident and front wheel of the offending tractor bearing No. AP 25 T 4244 ran over his right leg and other parts of the body resulting fractures and crush injuries and immediately he was admitted in the Govt. Hospital, Armoor and from there he was admitted in Pragathi Nursing Home, Nizamabad, where surgery was conducted by asserting a rod in his leg and incurred an amount of Rs. 1,25,000/- towards the medical expenses. Before the tribunal, the petitioners failed to adduce any evidence in support of the expenditure incurred for the treatment of the injuries. The factum of accident was not disputed. Admittedly, the deceased sustained multiple grievous injuries and also fractures and also 45% permanent partial disability as assessed by P.W.4. According to P.W.4, on 7.11.1995 he examined the deceased petitioner and found right thigh femare fracture middle third and admitted in the hospital and surgery was conducted on 10.11.1995 and injured was discharged on 20.11.1995. Ex.A-59 is the certified copy of the wound certificate. Ex.A-12 is the disability certificate which shows the injured has 45% permanent partial disability due to one inch shortening of limb and lost of movement at hip. While taking into consideration, the gravity of the injuries, the tribunal below granted the consolidated amount of Rs. 94,000/-. The finding of the tribunal below in granting compensation is noted in para 44 of the judgment wherein he asserted that the injury sustained by the deceased are grievous in nature and granted Rs. 94,000/- towards the compensation. In any view of the matter, the compensation granted by the tribunal below is justified in the circumstances of the case. Accordingly, the C.M.A. is dismissed. There shall be no order as to costs. ___________________ 24.3.2011 CHV