THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.719 of 2008 JUDGMENT: Being aggrieved by the order passed in O.P.No.2770 of 2005 dated 10.01.2008 by the II Additional Chief Judge, City Civil Court, Hyderabad, the present appeal is filed. The appellant herein is the claimant in the above O.P. He filed the said O.P stating that on 06-09-2003 while he was going on his scooter on the left side of the road to his house and when he reached near Ramalayam Temple road, Ramagiri, Nalgonda Town, a DCM Van bearing No. AP 24U 7039 came in a rash and negligent manner at a high speed from Panagal side and dashed against him as a result of which he sustained grievous injuries all over the body. It is stated that the appellant was shifted to Government Hospital, Nalgonda for treatment and from there to Yashoda Super Speciality Hospital, Hyderabad. According to the appellant, due to the injuries sustained by him, he has not only suffered shock and pain, but is unable to attend to his job as earlier and not in a position to drive the motorcycle or scooter. Thus, he claimed a total compensation of Rs.5,00,000/-. The first respondent – owner remained ex parte and the second respondent filed a counter denying the averments made in the O.P. Basing on the said pleadings, the Tribunal below framed necessary issues and in support of the pleadings, the appellant/claimant examined himself as PW 1 and marked Exs.A-1 to A-10 and Ex.B-1 was marked on behalf of the respondent – Insurance Company. The Tribunal below after evaluating the evidence on record, awarded an amount of 10,000/- as compensation under the heads shock, pain and loss of amenities of life and lacerated injury, against the claim of Rs.5,00,000/-. Aggrieved by the same, the present appeal is filed. Learned counsel for the appellant/claimant urged that the Tribunal below granted meagre compensation of Rs.10,000/- though the claimant has filed bunch of medical bills under Ex.A8 in proof of the expenses incurred by him towards his treatment. He further urged that the Tribunal below without going into the merits of the case granted only Rs.10,000/- as compensation and sought for enhancement of the same. Now the point for consideration is whether the claimant is entitled for enhancement of compensation? The claimant was aged about 55 years at the time of accident. Admittedly, the factum of accident is not in dispute. In order to prove the injuries, PW1 who is the claimant did not examine any other witness much less the medical evidence. However, the Tribunal below after taking into consideration, the evidence on record, awarded compensation of Rs.10,000/- under two heads mentioned above. It is an admitted fact that the claimant sustained injuries in the motor accident and was shifted to Government Hospital, Nalgonda for treatment and from there to Yashoda Super Specialty Hospital, Hyderabad. As per the contents of Ex.A2 issued by the Government Hospital, Nalgonda PW1 had sustained only one injury, that too a laceration which was simple in nature. He was admitted in male surgical ward. Probably, the claimant might have joined the Yashoda Super Speciality Hospital to have an expert treatment. However, in support of the treatment, he filed bunch of medical bills marked as Ex.A8. A perusal of the bills reveals that the claimant had spent nearly Rs.13,657/-. However, no witness was examined in proof of the said bills. There is no documentary proof to show that the claimant was referred to Yashoda Super Speciality Hospital, Hyderabad. As stated above, the claimant might have opted for private treatment in a super speciality hospital to have expert treatment. However, while taking into consideration Ex.A8, granting of Rs.10,000/- towards medical expenses is just and reasonable, besides granting Rs.5000/- towards extra nourishment. In total, the claimant is granted compensation of Rs.25,000/- under all heads. Accordingly, the appeal is allowed in part enhancing the compensation from Rs.10,000/- to Rs.25,000/-. The enhanced compensation shall carry interest at 6% per annum from the date of petition till the date of realisation. No costs. K.S.APPA RAO,J Dt.22.07.2011 lvl THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.719 of 2008 Dt. 22.07.2011