THE HON’BLE SRI JUSTICE R.KANTHA RAO Dated this the 26th day of November, 2009. C.M.A.No. 919 of 2000. Between: J.Ashok Kumar ……….Appellant vs. Dr.K.V.Sambasivarao and Another. ……….Respondents. THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No. 919 of 2000. JUDGEMENT: Heard the learned Counsel for the appellant. None appears for the respondents. Aggrieved by the Award passed in MVOP.No. 974 of 1996 by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Guntur, the present appeal is filed by the injured/claimant seeking enhancement of the compensation. The injured who was aged 40 years as on the date of accident is said to be a business man and earning a sum of Rs. 50,000/- per year. In a motor accident that occurred on 23.6.1996 he sustained fracture on the left tibia upper 1/3rd as indicated in the wound certificate Ex:A.3. The injuries sustained by the appellant are mentioned as grievous injuries in the wound certificate Ex:A.3. Pw.2, Dr.Laxmanaswamy who treated the appellant, deposed in his evidence that the appellant was admitted in the hospital on 23.6.1996 with a fracture of left tibia upper 1/3rd as he was hit by a car. According to him, the appellant was treated by applying P.O.P and he was inpatient from 23.6.1996 to 30.6.1996. Though it is the version of Pw.2 that the left leg of the appellant is slightly shortened with restriction of movement in knee joint and the disability is 10% to 15%, but he did not issue any disability certificate. Thus the appellant failed to prove the disability but he could be able to prove that he sustained grievous injuries and was treated as inpatient in the hospital of Pw.2 from 23.6.1996 to 30.6.1996. In the absence of any disability certificate, it is not possible to award any compensation having recourse to the multiplier method, as the disability was not proved. Further, the appellant is a businessman and by mere restriction of movement in knee, there will not be any loss of earning to him. The learned Counsel appearing for the appellant would submit that the Tribunal below granted a lump sum amount of compensation without granting the compensation under different heads. It is a fact that the Tribunal below granted an amount of Rs. 30,000/- in a lump sum without specifying the heads under which the said amount was granted. However, the amount granted by the Tribunal is just and reasonable for the reason that the compensation granted can be divided as under: An amount of Rs. 20,000/- for the grievous injuries sustained by him, an amount of Rs. 5,000/- towards pain and suffering and an amount of Rs. 5,000/- towards medical expenses. Thus the compensation granted by the Tribunal is just and reasonable and it does not require to be interfered in this appeal. In the result, the appeal is dismissed confirming the Award dt. 13.10.1999 in MVOP.No. 974 of 1996 passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Guntur. No order as to costs. _________________ R.KANTHA RAO,J 26.11.2009. Krb. THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No. 919 of 2000. Dated this the 26th day of November, 2009.