IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE EIGHTH (8TH) DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.608 of 2008 Between: Ali Bin Saleh … Appellant And: Syed Ahmed Ali Pasha & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.608 of 2008 JUDGMENT: This appeal is directed against the order dated 09.10.2007 in OP No.79 of 2003 on the file of the MACT cum II Additional District Judge (FTC), Nizamabad, wherein the claim of the appellant was allowed in part, awarding compensation of Rs.5000/- with interest at 7.5% per annum. 2. Heard both sides. Perused the record. 3. The appellant herein filed claim application under section 166 of the Motor Vehicles Act, claiming compensation of Rs.2,00,000/- for the injuries sustained by him in the motor vehicle accident that occurred on 10.08.2002. 4. The medical evidence on record, particularly, the testimony of PW.2 doctor, who treated PW.1 and issued wound certificate Ex.A.3, showed that the claimant sustained two fracture injuries on the right leg besides other injuries. However, the claimant did not produce any X-rays. It is in the evidence of PW.2 that he advised PW.1 to take X-rays, but he does not know whether any X-rays were taken or not. In the absence of any X- rays, the Tribunal has treated the injuries as simple and awarded Rs.4000/- for the injuries, Rs.500/- towards pain and suffering and Rs.500/- towards treatment charges, making up a total of Rs.5,000/-. By seeking enhancement, the present appeal is filed by the claimant. 5. Though the evidence on record does not disclose that the claimant has taken X-rays, the testimony of PW.2 coupled with A.3 would however go to show that the claimant sustained two fracture injuries on the right foot. Of course, he was treated only as out patient. Under those circumstances, it is considered that treating the injuries as simple may not be just and fair. The claimant is therefore held entitled for a sum of Rs.10,000/- towards pain and suffering for the two fracture injuries, Rs.5,000/- towards medical expenses and Rs.5,000/- towards extra nourishment, attendant charges and transport charges, having regard to the nature of the injuries sustained. In the circumstances, the claimant is held entitled for compensation in a sum of Rs.20,000/- with interest at 7.5% per annum on the original amount from the date of petition and at the rate of 6% per annum on the enhanced amount from the date of appeal, till the date of realization. The impugned award is modified accordingly. 6. In the result, the appeal is allowed to the extent stated above. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 08.11.2011 bss