THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.290 of 2008 JUDGMENT: This appeal is directed against the order, dated 05.12.2007, in M.V.O.P.No.414 of 2006 on the file of the learned Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Kadapa, wherein the said claim application filed by the appellant herein under Section 166 of the Motor Vehicles Act, 1988, was allowed in part awarding compensation of Rs.14,500/- with interest @ 7.5% p.a. from the date of the petition. 2. Heard both sides. Perused the record. 3. Appellant herein filed the claim application seeking compensation of Rs.1,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 24.02.2005. According to the claimant, on that day, while he was returning from school, a lorry bearing No.AP21-V- 3931, driven in a rash and negligent manner by its driver, dashed against the claimant resulting in multiple grievous injuries and that the claimant was shifted to the hospital at Kondapuram and after first aid he was taken to the Government hospital, Jammalamadugu and from there shifted to Government General hospital, Kurnool and then to Gowri Gopal hospital, Kurnool where he underwent treatment for fifteen days. The claimant is a young boy aged about ten years. 1st respondent-owner of the lorry remained ex parte and 2nd respondent-insurer filed counter opposing the claim and denying their liability to pay the compensation. 4. During enquiry before the Tribunal, P.W.1 was examined and Exs.A1 to A7 were marked on behalf of the claimant. No oral evidence or documentary evidence was adduced on behalf of the respondents. 5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the lorry bearing No.AP21-V-3931. The said finding is not challenged by way of any appeal by the respondents. The Tribunal awarded total compensation of Rs.14,500/-. Not satisfied with the same, the claimant preferred the present appeal seeking enhancement of compensation. The evidence on record shows that the claimant, who is a young boy of ten years, has sustained multiple injuries and that he was taken to different hospitals and ultimately he took treatment at Gowri Gopal hospital, Kurnool for fifteen days. The discharge summary-Ex.A4 shows that during the said period he underwent surgery also and the claimant has paid Rs.8000/- towards the surgery expenses. Of course, the Medical Officer of Gowri Gopal hospital is not examined to prove the contents of Ex.A4-discharge summary. 6. Learned counsel for the respondent-insurer would contend that in the absence of evidence of the doctor, who treated the claimant, no reliance can be placed on Ex.A4 or Ex.A5-the bill issued by Gowri Gopal hospital, Kurnool. 7. It is to be noted that the respondent-insurer has not filed any appeal assailing the award. It is therefore not open for the respondent-insurer to contend that the documents filed by the claimant are false or that they may not be relied upon. The only question that arises for consideration in the present appeal is whether the compensation awarded by the Tribunal requires any enhancement or not. 8. The Tribunal has assssed the evidence available on record and passed the award granting compensation of Rs.5000/- towards pain and suffering; Rs.1000/- towards transportation charges; Rs.1000/- towards attendant charges; Rs.500/- towards special diet; Rs.5000/- towards fracture injuries and Rs.2000/- for pain and suffering, making up a total amount of Rs.14,500/-. The amount of Rs.5000/- and Rs.2000/- granted for the injuries shall have to be treated as compensation for pain and suffering and having regard to the tender age of the boy, who was aged about ten years, and the nature of the injuries sustained by him and the length of hospitalization, it is considered that the said amount is just and reasonable. However, the Tribunal erred in awarding only Rs.5000/- towards medical expenses when the medical bills-Ex.A6 would show the expenditure of Rs.18,959.50/-. Claimant is therefore held entitled for the entire amount of Rs.18,959.50/-, which is rounded of to Rs.19,000/- towards medical expenses. The evidence on record also shows that the claimant was shifted to various hospitals from place to place from Kondapuram to Government hospital, Jammalamadugu and from there to Gowri Gopal hospital, Kurnool. Having regard to the said fact, it is considered just and proper to award a sum of Rs.5000/- towards transportation charges. The amount awarded by the Tribunal towards extra nourishment in a sum of Rs.500/- is also considered to be on the lower side. So also the attendant charges in a sum of Rs.1000/-. Claimant is entitled for a sum of Rs.5000/- towards extra nourishment and attendant charges. Claimant is therefore entitled for Rs.37,000/- with interest @ 7.5% on the original amount from the date of the petition and 6% on the enhanced amount from the date of the appeal. The impugned order is modified accordingly. 9. In the result, appeal is allowed to the extent stated above. _______________________ G.V.SEETHAPATHY, J 01st November, 2011 Tsy