THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1704 of 2011 JUDGMENT: The appeal is filed against the order dated 25.06.2004 in M.V.O.P.No.78 of 2001 on the file of the Motor Accident Claims Tribunal- cum-V Additional District Judge, Chittoor at Tirupati, for enhancement of the compensation. The petitioner has filed the claim petition for Rs.1,25,000/- on the ground that he received serious fractures and injuries in a motor accident on 27.10.2000 when he was travelling in the bus bearing No.AP03-V- 2142, which was hired by the Andhra Pradesh State Road Transport Corporation, as the driver of the bus drove it in a rash and negligent manner and caused the accident. The driver remained ex parte. The 2nd respondent filed counter contending that the bus was hired by the 3rd respondent and, therefore, there is no liability. The 3rd respondent admitted the fact that it was hired by the Corporation and as per the terms and conditions the owner of the bus shall be responsible for all the claims. After considering the material on record, the lower Tribunal granted a compensation of Rs.50,134/- against the respondents 2 and 3. Aggrieved by the same, the claimant filed the appeal for enhancement of the compensation. The respondents 2 and 3 have not filed any appeal challenging the order. The learned counsel for the appellant strongly contends that the evidence on record clearly goes to show that the appellant herein suffered loss of earnings and he was in hospital for six months and sufferent permanent disability and the lower Tribunal has not taken into consideration the evidence of the doctor and also the fact that he was on leave from 27.10.2000 to 14.05.2001 as is revealed under Ex.A-11. As can be seen from the order of the lower Tribunal, a sum of Rs.50,134/- was granted. But as can be seen from the wound certificate Ex.A-2, the petitioner is said to have sustained two simple injuries. The lower Tribunal has considered the evidence of P.W.2 about the injury to cervical spinal card but it also took into consideration the fact that there is no proof of any disability from his evidence. Therefore, taking into consideration the above fact, grant of Rs.2,000/- as compensation for pain and suffering for the alleged injuries, appears to be on a lower side and also taking into consideration the fact that the petitioner is said to have been confined in hospital for a long time for taking treatment, I feel the ends of justice would meet, if an amount of Rs.75,000/- is granted as compensation on all counts. Therefore, the appellant is granted a compensation of Rs.75,000/- (Rupees seventy five thousand only). Accordingly, the appeal is partly allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J DATE: 20-08-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 1704 of 2011 DATE: 20-08-2011 MR