IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE NINTEENTH (19TH) DAY OF DECEMBER, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.3943 of 2008 Between: Maddigatla Mahadevaiah … Appellant And: A. Srinivas & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY MA CMA No.3943 of 2008 JUDGMENT: This appeal is directed against the order dated 27.10.2005 in OP No.1669 of 2003 on the file of the MACT cum XVI Additional Chief Judge, City Civil Court, Hyderabad, wherein the said claim application filed by the appellant herein for compensation was allowed in part, awarding compensation of Rs.28,500/- with interest at 7.5% per annum from the date of petition. 2. Heard both sides. Perused the record. 3. The appellant herein filed claim application under section 163-A of the Motor Vehicles Act seeking compensation of Rs.1,50,000/- for the injuries sustained by him in the motor vehicle accident that occurred on 13.10.2002. According to the claimant, on that day, he along with other family members, was proceeding in Tata Sumo bearing No.AP 28 V 1124 from Malakpet, Hyderabad to Shiridi and on the way, at the outskirts of Pandaripur, on account of rash and negligent driving of the vehicle by its driver, dashed against a tree on the road side, resulting injuries to the appellant and others. According to the claimant, he sustained fracture injuries and spent huge amounts for treatment and on account of the said injuries he is unable to do any work and that he was aged 63 years at the time of the accident. 4. The owner of the Tata Sumo remained ex-parte. The insurer filed counter, opposing the claim and denying their liability to pay the compensation. 5. During the trial, PW.1 was examined and Exs.A.1 to A.5 were marked on behalf of the claimant and RW.1 was examined and Exs.B.1 to B.3 were marked on behalf of the 2nd respondent- insurer. 6. On a consideration of the evidence available on record, the Tribunal held that the accident occurred on account of the rash and negligent driving of the Tata Sumo by its driver. The said finding is not challenged by the 2nd respondent-insurer by filing any appeal. The Tribunal further held that the claimant is entitled for compensation of Rs.28,250/- with interest at 7.5% per annum from the date of petition. Not satisfied with the said award, the claimant preferred the present appeal. 7. According to the claimant, he suffered fracture of left leg and fracture of right wrist and tongue was cut off, besides other injuries. He filed Ex.A.5 discharge summary issued by Yasodha Hospital, which shows that the appellant suffered comminuted trochanteric fracture left hip, fracture to right wrist, lacerated wound on tongue. Ex.A.5 also shows that the claimant was inpatient in the hospital from 14.10.2002 and was discharged on 31.10.2002. Though the doctor, who treated and examined the claimant was not examined as a witness, the Tribunal relying upon Ex.A.5, awarded compensation. The insurer has not filed any appeal. 8. The Tribunal awarded Rs.3,250/- towards loss of earnings, Rs.15,000/- towards pain and suffering and Rs.10,000/- towards medical expenses. Having regard to the fact that the claimant has sustained three grievous injuries, including two fractures and laceration on the tongue and that he was inpatient in the hospital for more than two weeks, it is considered just and proper to award a sum of Rs.5,000/- towards extra nourishment, Rs.5,000/- towards transport charges and Rs.5,000/- towards attendant charges besides the amounts awarded by the Tribunal. Thus the claimant is entitled for a total compensation of Rs.43,250/- with interest at 7.5% per annum on the original amount awarded by the Tribunal from the date of petition and at the rate of 6% per annum on the enhanced amount, from the date of filing of the appeal, till the date of realization. The impugned award is modified accordingly. 9. In the result, the appeal is allowed to the extent stated above. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 19.12.2011 bss