THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY C.M.A.No.1689 of 2001 JUDGMENT: Ahmed Hussain, who is the deceased first appellant, the husband of the second appellant and the father of appellants 3 to 5, was doing business in goat-skin at Zaheerabad. On 13.01.1996, he was proceeding to Ranjole Village on a bicycle. A car bearing No.WB-02-C-5162 driven by the first respondent, owned by respondents 2 and 3 and insured with the fourth respondent is said to have dashed against him. It is stated that he received fracture injuries to left leg and the bicycle was completely damaged. He filed O.P.No.380 of 1996 before the Motor Vehicles Accidents Claims Tribunal cum District Judge, Medak, claiming a sum of Rs.75,000/- as compensation. He furnished the particulars of treatment taken and expenditure incurred for the injuries. The O.P was opposed by respondents 1, 2 and 4. They filed separate counters denying the responsibility. Their common case was that the accident did not occur on account of any rashness on the part of the first respondent and that the injuries received by the first appellant were simple in nature. After deposing as P.W.1, Ahmed Hussain died and his legal representatives – appellants 2 to 5 were brought on record. Through its order dated 27.03.2001, the Tribunal awarded a sum of Rs.11,000/- towards compensation. Not satisfied with that, the appellants approached this Court. Heard the learned counsel for the appellants and the learned Standing Counsel for the fourth respondent. The compensation was claimed by the first appellant for the injuries received by him in the accident. The occurrence of accident and the fact that he received injuries therein was amply proved by filing Exs.A.1 to A.5, namely, certified copies of F.I.R, charge sheet, additional information report, medical certificate and discharge card. In his deposition, P.W.1 stated that he received fracture injury to the left leg, plaster of paris was applied twice and he was bed ridden for four months. Though a suggestion was made to the effect that plaster of paris was not applied, Ex.A.5, which contains a photograph, depicts the first appellant having been applied the plaster of paris for the entire left leg from toe to hip. The suffering on account of this due to the accident is not difficult to assess. For the grievous injury, a sum of Rs.15,000/- is awarded towards pain and suffering. In the instant case, suffering lasted for months together and Rs.20,000/- can safely be awarded. The Tribunal awarded Rs.1,000/- towards medical expenditure. For a treatment spread over for four months not less than Rs.10,000/- needs to be awarded. No amount was awarded for loss of earning and extra nourishment. This Court is of the view that a sum of Rs.15,000/- can be awarded on those counts. Though the first appellant died during the pendency of the O.P, the record does not disclose that his death was on account of the injuries. For the foregoing reasons, the Civil Miscellaneous Appeal is allowed and the compensation is enhanced to Rs.45,000/-. The enhanced amount shall carry interest @ 7% per annum. The appellants shall be entitled to equal shares in the enhanced amount. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Date: 29.12.2011 va