THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.461 of 2008 JUDGMENT: Against the judgment and decree dated 01-11-2007 in O.P.No.210 of 2004 on the file of the Motor Accident Claims Tribunal- cum-II Additional District judge (F.T.C.), Nizamabad, the present C.M.A. is filed. 2. The appellant herein is the petitioner in O.P.No.210 of 2004. The petitioner filed the aforesaid O.P. claiming compensation of Rs.3.00 lakhs for the injuries sustained by him in road traffic accident. The Tribunal below while evaluating the evidence on record, awarded the compensation of Rs.15,000/- under all heads. Being aggrieved, the present C.M.A. is filed. 3. The learned counsel for the appellant mainly urged that the Tribunal below without taking into consideration Ex.A-3, Wound Certificate, granted very meager compensation, which is not sustainable and sought for enhancement of compensation. 4. Now the point for consideration is whether the appellant is entitled for enhancement of compensation. 5. In order to prove the accident, the petitioner being claimant examined himself as P.W.1 and filed Exs.A-1 to A-3. According to him, on 04-08-2003 at 3 p.m. while he was travelling in R.T.C. bus bearing Regn. No.AP-10-Z-7545, he met with accident resulting he sustained injuries. In proof of the said accident, he filed Ex.A-1, copy of F.I.R., Ex.A-2, copy of charge sheet and Ex.A-3, copy of wound certificate. The police after due investigation filed charge sheet against the driver of the offending bus stating that he was responsible for the accident. 6. In the present appeal, the factum of accident is not disputed. In order to prove injuries of P.W.1, he got examined P.W.2, Dr.P.V.Sudhakar and filed Ex.A-3, copy of wound certificate. Ex.A-3 was issued by the Superintendent, Government Hospital, Nizamabad. According to P.W.2, Medical Superintendent, Government Hospital, Nizamabad, the petitioner sustained three injuries i.e 1) fracture of left clavicle, 2) fracture of both bones of left leg causing swelling and deformity and 3) Abrasion over left shoulder and left leg. 7. On perusal of Ex.A-3, the aforesaid injuries are noted. It is admitted fact that the petitioner sustained the above three injuries in the road traffic accident and he was treated soon after accident. Therefore, the factum of Ex.A-3 is not in dispute. Though P.W.2 is not a Doctor treated the injured, but he certified that Ex.A-3 was issued by Dr.Sudheer, who worked as a doctor at Government Hospital, Nizamabad, at the time of alleged accident. He treated P.W.1 and issued Ex.A-3. Therefore, in view of the positive finding of P.W.2, the contents of Ex.A-3 should be looked into. 8. As per Ex.A-3, three injuries were noted. Among them, two are grievous in nature. The Tribunal below granted only an amount of Rs.12,000/- towards two grievous injuries on the ground that the petitioner failed to produce the x-ray reports etc., Since P.W.2 certified Ex.A-3, wound certificate, which reads that the petitioner sustained two grievous injuries, granting of Rs.20,000/- towards each grievous injury is just and reasonable. Accordingly, the same is granted besides granting Rs.3,000/- towards simple injury, which comes to Rs.43,000/-. 9. The Tribunal below awarded compensation of Rs.2000/- towards pain and suffering. The same is enhanced to Rs.5,000/-. Though the petitioner did not file any documentary evidence for the treatment, granting further sum of Rs.5,000/- is just and reasonable. Accordingly, the same is granted. In total, a sum of Rs.53,000/- (Rupees fifty three thousand only) is granted under all heads. 10. The Tribunal awarded interest at Rs.7.5% per annum. But, in the facts and circumstances of the case on hand, interest at 6% per annum is granted to the petitioner on the enhanced amount of compensation from the date of petition till the date of realization.. 11. Accordingly, the appeal is partly allowed enhancing the compensation from Rs.15,000/- to Rs.53,000/- and enhanced compensation carries interest at 6% per annum. No costs. _________________ K.S.APPA RAO,J Date: 21st July, 2011. kvr