FIN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.427 of 2008 Date:14.07.2011 Between: Shaik Gousia .....Appellant AND Andhra Pradesh State Road Transport Corporation, rep. By its G.M., Hyderabad and 2 others. ....Respondents THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.427 of 2008 JUDGMENT: Aggrieved by the order and decree dated 27.12.2007 passed in M.V.O.P.No.897 of 2005 on the file of Motor Vehicle Accident Claims Tribunal-cum-IV Additional District Judge, Guntur, the present CMA is filed. It is the case of the petitioner that she filed a petition under Section163-A, 160 and 140 of M.V. Act before the Tribunal below claiming compensation of Rs.3.00 lakhs with interest for the injuries received by her in a motor vehicle accident. While evaluating both oral and documentary evidence, the Tribunal below awarded total compensation of Rs.22,000/- to the petitioner against the 1st respondent with interest at 7.5% p.a from the date of petition till date realisation while dismissing the petition against the respondents 2 and 3. The learned counsel appeared for the petitioner mainly contended that the Tribunal below granted very meagre compensation though the petitioner sustained one grievous injury with multiple simple injuries, that the Tribunal below also has not granted any amount towards pain and suffering and drawn the attention of this court to the documentary evidence Exs.A.6 to A.11. Now the point that arises for consideration is whether the claimant is entitled for enhancement of compensation? The injured petitioner being minor filed petition representing by her guardian and next friend father Shaik Mabu Subhani. The factum of the accident is not disputed. The police after due investigation filed the charge sheet against the driver of the offending bus observing that the accident was due to rash and negligent driving of the driver of the offending bus. It is an admitted fact that the petitioner injured sustained injury in the road accident due to the rash and negligent driving of the driver of the offending bus which is validly insured with the 3rd respondent. The claim of the injured is for Rs.3.00 lakhs. In order to prove the injuries, the injured herself has examined as P.W.1 and filed Exs.A.3 to A.11 and Exs.X.1 and X.2. The Tribunal below granted the meager compensation on the ground that the petitioner failed to examine the doctor who treated her. The documents marked through P.W.1, are Exs.A.7, A.8 and A.11 are X-ray films, Ex.A.3 the wound certificate, Ex.A.10 the case sheet. P.W.2 was summoned by the Tribunal below and he brought the aforesaid documents from the Government hospital where the injured has taken treatment. As per Exs.A.3 and A.10, the petitioner was examined at 3.30 p.m on 13.6.2005 at Government hospital, Sattenpalli. As per the wound certificate Ex.A.3 X-rays are taken on the leg, foot, thigh and knee of the injured, and held that the injured sustained fractures and due to the injury to the pelvis, her urinary bladder ruptured and that she needs further treatment. Admittedly, the injured is aged 16 years a teenaged girl and a student. The Tribunal below also observed the severe pain and suffering by the injured. Therefore, while taking into consideration the gravity of the injuries sustained by the petitioner granting of Rs.20,000/- is very meager and the same is enhanced to Rs.30,000/-. Though there is no documentary evidence placed before the Tribunal below about the expenses incurred towards the treatment, granting of Rs.5,000/- towards medicine and Rs.5,000/- towards extra nourishment besides granting another sum of Rs.10,000/- towards pain and suffering is just and reasonable. In total a sum of Rs.65,000/- is granted towards compensation to the petitioner. The enhanced compensation carries interest @ 7% per annum from the date of petition till the date of realization. Accordingly, the appeal is partly allowed. No costs. _________________ K.S.APPA RAO,J Date: 14th July, 2011. Gk THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.427 of 2008 Date: 14.07.2011 Gk.