THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.154 OF 2002 JUDGMENT: This civil miscellaneous appeal is filed by the appellant- claimant against the award dated 07.09.2001 passed by the Motor Accidents Claims Tribunal-cum- III Additional District Judge, Kurnool, in O.P.No.45/2000. 2. Heard. 3. The petitioner is injured. According to him on 16.10.1999 the petitioner as a pillion rider on a bicycle at about 5.00p.m. was proceeding on extreme left side of the road, at a distance of 3 k.m. from Dhone, a tractor bearing No.AP.21.T.7419 with trailor 7420 dashed the cycle, as a result, both the petitioner and one Kumar who drove the cycle fell down and the petitioner received injuries. He was aged 45 years. He was working as hamali, earning Rs.60/- a day. He suffered fracture of both bones of radius and ulna of left hand. He was hospitalized at Done and Kurnool and spent Rs.10,000/- towards treatment. After the accident, he suffered disability, as he is unable to attend work as before, as movements of his injured hand got restricted. Counter was filed by the second respondent denying the petition averments. On the basis of the pleadings, the following issues were framed: 1. Whether the accident occurred on 16.10.99 due rash and negligent driving of the tractor- trailor bearing No.AP.21.T.7419 and AP.21.T.7420? 2. Whether the petitioner is entitled for compensation and if so, to what amount and against which of the respondents? 3. To what relief? On behalf of the petitioner, P.Ws.1 and 2 were examined and Exs.A1 to A4 were marked. On behalf of the respondents, no oral evidence was adduced but Ex.B1 was marked. 4. Considering the material on record, the trial Court granted compensation of Rs.30,000/-, out of that a sum of Rs.1500/- for each simple injury, Rs.15,000/- for fracture, Rs.7,000/- towards hospital and medical expenses and Rs.5,000/- towards pain and suffering. Aggrieved by the above quantum, the present appeal is filed as already referred. 5. Now, the point for consideration is: Whether there are any grounds for enhancement of compensation? 6. Considering these circumstances, as on the date of accident, which is of the year 1999, it cannot be said that the compensation awarded is inadequate, Rs.7,000/- granted towards medical expenses is in order as he has taken treatment only at Government Hospital for most of the time. Rs.5,000/- for pain and suffering also cannot be said to be inadequate. However, another amount of Rs.10,000/- can be enhanced towards fracture and consequent disability as both bones of the hand suffered fracture. He was aged 45 years at the time of accident, as such, the healing process must have become slow. 7. Considering these circumstances, another amount of Rs.10,000/- is hereby granted towards compensation and the compensation is enhanced from Rs.30,000/- to Rs.40,000/-. Interest on the enhanced amount of compensation is at 7.5% per annum. 8. Accordingly, the C.M.A. is partly allowed. No order as to costs. ______________________ P. SWAROOP REDDY, J. 29th June 2010, Rns