THE HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A. No.1016 of 2003 JUDGMENT This appeal is filed challenging the order, dated 26-03-2002, passed in O.P. No. 425 of 2001 by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Nalgonda, on the ground that the said order is against the facts of the case and that the lower Court ought to have appreciated the evidence of P.W.1 and it granted less compensation to the appellant/petitioner. The brief facts in the O.P. filed by the appellant/petitioner read as follows: On 28-01-2001, when the petitioner and others were proceeding in a jeep bearing No.AP-11E-8891 from Thirupathi to their village, it met with an accident resulting injuries to the petitioner and death of three passengers. The appellant is the petitioner in O.P. No.425 of 2001. A perusal of the finding of the lower Court at paragraph 9, which shows that the petitioner was examined as P.W.3. According to her evidence, she sustained injury to her left clavicle and lost one tooth and that she spent an amount of Rs.50,000/- towards treatment. In proof of her evidence, she filed injury certificate-Ex.A-12, which shows that she sustained fracture to her left clavicle, which is grievous in nature, besides loosening of lower incisor and upper incisor teeth on the left. The lower Court granted an amount of Rs.12,000/- towards pain and suffering and Rs.3,000/- towards medical expenses, in total, Rs.15,000/-. In the case of this nature, the Court has to see whether the injuries sustained by her are grievous or simple in nature. If the petitioner is able to prove that she sustained grievous injuries, there is every reason for the Court to grant compensation depending upon the gravity of the injuries. As observed in paragraph 9 of the order of the lower Court, the petitioner sustained fracture of left clavicle, which is grievous in nature and she lost lower incisor and upper incisor teeth on the left. Therefore, it can safely be inferred that the first injury is grievous in nature and the other injuries are simple in nature. While taking into consideration the gravity of the injuries as seen from Ex.A12, as spoken to by P.W.3 and as observed by the lower Court, it can safely be inferred that granting compensation of Rs.20,000/- towards grievous injury and Rs.5,000/- towards two simple injuries, besides a sum of Rs.3,000/- towards medical expenses, in total, Rs.28,000/- is just and reasonable. Therefore, the compensation is enhanced from Rs.15,000/- to Rs.28,000/-. The enhanced compensation shall carry interest at 6% per annum from the date of the petition till realization. It seems that the lower Court permitted the petitioner to withdraw the compensation granted in O.P.No.425 of 2001. Accordingly, the petitioner is entitled to withdraw the enhanced compensation. Accordingly, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. _______________ K.S. APPA RAO, J Date: 02.2011 NDR/SJ THE HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A. No.1016 of 2003 Date: .02.2011 ndr