THE HON’BLE SRI JUSTICE K.S. APPA RAO M.A. C.M.A.No. 1992 of 2008 JUDGMENT: Aggrieved by the order and decree in O.P.No. 164 of 2004, dated 15.2.2006 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Nellore, the present M.A. C.M.A. is filed urging that the amount of compensation awarded by the tribunal below is very meager and not in accordance with the gravity of the injuries though there was evidence of P.W.2, who treated the appellant and issued Ex.A-4 discharge summary report and that the tribunal below failed to apply the multiplier while taking into consideration the gravity of the injuries and requested for enhancement of compensation. The Standing Counsel for the A.P.S.R.T.C. while disagreeing with the arguments advanced by counsel for appellant urged that the tribunal below rightly granted the compensation basing on the evidence adduced on behalf of the appellant and needs no interference. Now the point for consideration is whether the Order of the tribunal below is sustainable and the claimant is 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. There was no dispute regarding the manner in which the accident occurred. P.W.1 is the injured. According to him, he sustained injuries to his right eye, fore head, right shoulder, fore arm, right knee, right cheek and right arm and also to urinary bladder resulting disability. His further evidence is that he was treated at Sullurpet and at Chennai as inpatient for one month and suffered loss of earnings and spent Rs. 40,000/- towards the treatment. Ex.A-2 is the wound certificate reflecting the injuries sustained by P.W.1. As per Ex.A-2 wound certificate, there are eight injuries which are as follows: 1. Complain of severe pain in lumbar region of vertebral column. 2. An abrasion of 1 cm x 1 cm. above the right eye brow. 3. An abrasion of 5 cms. X 2 cms. On right cheek. 4. An abrasion of 3 cms. X 1 c.m. on right shoulder. 5. An abrasion of 6 cms. X 4 cms. on right shoulder laterally. 6. An abrasion of 2 cms. x 1 cm. on the outer aspect of right arm above elbow. 7. An abrasion of 20 cms. x 4 cms. on the outer aspect of right fore arm. 8. An abrasion fo 2 cms. x 1 cm. on the anterior aspect of right knee. Ex.A-4 is a crucial document which reads that the petitioner was admitted in the hospital on 21.11.2002 and discharged on 7.12.2002. Thereafter, he was admitted on several occasions for the treatment. It is borne out from the evidence that there is a blunt injury in the abdomen and final diagnosis is hemoperitoneum and laparotomy. Ex.A-4 clearly reads that the injured has to take treatment periodically. The injured is about 28 years and we can say without any hesitation that the injuries noted in Ex.A-2 in particular injury No.8 is grievous in nature and the treatment towards the said injury as per document Ex.A-4 is self explanatory. The tribunal below without discussing the evidence of P.W.1 in detail doubted the genuineness of Ex.A-5, but the fact remains that the injured has taken the treatment in different hospitals. The tribunal below while taking into consideration the nature of the injuries a sum of Rs. 30,000/- was granted towards the pain and suffering. In my view the aforesaid amount cannot be equated to the suffering of the injuries thereby an amount of Rs. 40,000/- is granted against the grant of Rs. 30,000/- towards the pain and suffering besides enhancing the further amount of Rs. 10,000/- to Rs. 20,000/- for attendants and medical treatment at Madras and enhancing the further amount of Rs. 5,000/- to Rs. 15,000/- towards the loss of earnings and further enhancing an amount of Rs. 5,000/- to Rs. 15,000/- towards the partial disability in total granted a sum of Rs. 90,000/- against the awarded amount of Rs. 50,000/-. The enhanced compensation shall carry interest @ 6% per annum from the date of petition till the date of realization. With this modification, the appeal is allowed in part. ___________________ 8.3.2011 CHV