IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.1878 OF 2003 Between : M.Venkateswarlu .... APPELLANT A N D Md.Sayeeduddin and another …RESPONDENTS THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.1878 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1939 (for short, ‘the Act’) is directed against the common order and decree, dated 28.11.2001 in M.V.O.P.No.1017 of 2000 (along M.V.O.P.Nos.1015,1016,1078 and 1079 of 2000) on the file of IV Additional District Judge-cum-Motor Accidents Claims Tribunal, Kurnool, whereby a compensation of Rs.12,016/- was awarded to the claimant as against the claim of Rs.1,50,000/- for the injuries sustained by him in the motor accident. 2. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal. 3. The petitioner filed O.P.No.1017 of 2000 on the file IV Additional District Judge-cum-Motor Accidents Claims Tribunal, Kurnool, claiming compensation of Rs.1,50,000/- for the injuries sustained by him in a motor accident. 4. The Tribunal after considering the evidence on record, awarded a sum of Rs.12,016/- to the petitioner under all the heads. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the petitioner has filed this Civil Miscellaneous Appeal, seeking enhancement of compensation on the ground that the compensation awarded by the Tribunal is very meager and disproportionate. 5. Now the point that arises for consideration is whether the petitioner is entitled for enhancement of compensation. 6. The petitioner was examined as P.W.3 and got marked Ex.A.10- wound certificate showing the injuries sustained by him in the accident, which is not disputed before this Court. 7. Learned counsel appearing for the petitioner urged for enhancement of compensation on the ground that the Tribunal granted a sum of Rs.5000/- towards grievous injury, which is very meager. 8. As seen from the evidence of P.W.3 and the findings of the Tribunal, the petitioner sustained lacerated injury on the right arm with swelling and tenderness in right shoulder. The X-ray also revealed that the right clavicle showed fracture of the bone. The petitioner did not file any documentary proof in support of the grievous injury to claim compensation towards permanent disability. Therefore, while taking into consideration the evidence of P.W.3 coupled with Ex.A10-wound certificate, I deem it just and reasonable to grant a sum of Rs.5,000/- towards the said grievous injury i.e., right clavicle fracture to the bone. The amount awarded by the Tribunal under other heads needs no interference. 9. Accordingly, the Civil Miscellaneous Appeal is partly allowed, enhancing the compensation from Rs.12,016/- to Rs.17,016/-. The additional amount shall carry interest at 6% per annum from the date of filing of O.P. before the Tribunal till realization. There shall be no order as to costs. __________________ K.S.APPA RAO, J FEBRUARY 03, 2011. YVL