HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.1860 of 2008 Date: 08-7-2011 Between K.Madhu Reddy … Appellant/Petitioner and Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director, Holding its office at X-roads, Musheerabad, Hyderabad … Respondent/Respondent HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.1860 of 2008 Judgment: Being aggrieved by the award and decree dated 28-11-2005 in M.V.O.P.No.329 of 2002 on the file of the Motor Accidents Claims Tribunal cum IV Additional District Judge, Tirupati, Chittoor district the present civil miscellaneous appeal is filed by the appellant-claimant. 2. The appellant herein is the claimant in M.V.O.P.No.329 of 2002 before the tribunal below. He filed the said O.P., claiming compensation of Rs.5,00,000/- for the injuries sustained by him in a road traffic accident that occurred on 08-5-2002. The tribunal below, while assessing the evidence on record, awarded compensation of Rs.3,25,000/- under all heads. Being aggrieved, the present civil miscellaneous appeal is filed by the claimant seeking enhancement of compensation. 3. It is the contention of the learned counsel for the appellant- claimant that the tribunal below granted very meagre compensation without taking into consideration the percentage of disability and earnings of the injured and sought for enhancement of the compensation. 4. Now, the point for consideration is -- whether the appellant- claimant is entitled for enhancement of compensation ? 5. Point:- The factum of accident is not disputed. The injured, in proof of gravity of the injuries and the treatment undergone by him, examined the doctors P.Ws.2 and 3 and filed Exs.A-4 to A-10. While assessing the evidence on record, the tribunal below awarded compensation of Rs.5,000/- towards one grievous injury, Rs.3,000/- towards three simple injuries, Rs.1,30,000/- towards extra nourishment and medical expenses, transport to hospital and Attendant charges, Rs.1,000/- towards damage of clothing and other articles, Rs.13,000/- towards pain and suffering and Rs.1,73,000/- towards loss of amenities of life and future earnings of the injured. The claim of the petitioner is for Rs.5,00,000/-. 6. According to P.W.3 Dr. A.Sudhakar Reddy, on 16-7-2003 he examined P.W.1 and issued Ex.A-4 disability certificate and the petitioner was initially treated at the Government Hospital, Srikalahasti, thereafter at Sri Venkateswara Institute of Medical Sciences from 09-5- 2002 to 05-8-2002 and the injured has fracture shaft of left femur with tear of femoral artery with Ischemia to left leg and that on 09-5-2002 intramedular nailing and left femur artery repair was done and fasciatomy of left leg was done and skin grafting was done on fasciatomy wound site. He also asserted that the injured has loss of sensation and power in left lower limb due to injury to the left sciatic nerve following the accident and was treated in NIMHANS hospital, Bangalore from 14- 10-2002 to 18-10-2002 for left sciatic nerve injury ENMG studies done at NIMHANS hospital revealed left sciatic nerve injury and the petitioner lost permanent sensation and power in his left leg due to the left sciatic nerve injury following the accident. He estimated the percentage of permanent disability at 30%. 7. However, the injured was granted meagre compensation, in my view, the same is unsustainable. Therefore, awarding Rs.30,000/- for the said grievous injury is just and reasonable. The findings of the tribunal below on other counts, in my view, are just and reasonable. Further enhancement of Rs.25,000/- towards the said grievous injury in addition to Rs.5,000/- already awarded by the tribunal below is just and reasonable to meet the ends of justice. Accordingly, the award of compensation is enhanced from Rs.3,25,000/- to Rs.3,50,000/-. 8. With this modification, the civil miscellaneous appeal is allowed in part enhancing the amount of compensation awarded by the tribunal below from Rs.3,25,000/- to Rs.3,50,000/- (Rupees three lakhs and fifty thousand only) with interest at 7.5% per annum. No costs. ___________________ K.S.APPA RAO, J. 08th July, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.1860 of 2008 08th July, 2011.