HON'BLE SRI JUSTICE GHULAM MOHAMMED CMA NO. 4231 OF 2004 JUDGMENT: This appeal is filed against the award dated 24.08.2002 passed in M.V.O.P. No.739 of 1999 by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Warangal. 2. The said O.P was filed by the appellant herein seeking compensation of Rs.1,25,000/- for the injuries sustained by her in a motor accident that occurred on 17.05.1999. Against a claim of Rs.1,25,000/-, the Tribunal awarded total compensation of Rs.14,249/-. Hence, this appeal by the claimant. 3. Heard learned counsel for the appellant/claimant and the leaned counsel for the respondents. Perused the impugned order passed by the Tribunal. 4. There is no dispute as to the nature and date of the accident and the claimant sustaining injuries in the said accident. To prove the claim, the claimant examined herself as P.W-1 and marked Ex.A-1-copy of the First Information Report, Ex.A-2-copy of wound certificate and Ex.A-3 to Ex.A-26. The Tribunal, on the question of culpability in causing the accident fixed on the driver of the tractor bearing No.AP36 U 2402, which finding does not warrant interference in the facts and circumstances of the case. The doctor who treated the claimant was examined as P.W-2 who is an Orthopedic Surgeon stated to be working in MGM Hospital, Warangal. The nature of the injuries sustained by the claimant received are spoken by P.W-2. According to P.W-2, the claimant received two grievous injuries and one simple injury and also the claimant undergone surgery of intermeduliary ailing. As the claimant failed to adduce necessary evidence as regards to the disability sustained by her, the Tribunal disallowed the claim under disability. It has come in the evidence that the petitioner was working as a beedi worker and unable to attend her regular duties. The Tribunal in all granted compensation of Rs.14,249/- for the injuries sustained by her. 5. In view of the decision of the Hon’ble Supreme Court in National Insurance Company Limited v. Baljit Kaur[1], the Insurance Company is liable to pay the compensation and recover the same from the owner and driver of the vehicle. The 3rd respondent-Insurance Company is directed to pay the compensation amount to the claimant and recover the same from the driver of the accident vehicle. Considering the evidence, a sum of Rs.20,000/- is awarded towards grievous injuries (@ Rs.10,000/- for each grievous injury) and Rs.5,000/- is awarded towards one simple injury. Apart from this, Rs.10,000/- is awarded towards pain and suffering totaling to an amount of Rs.35,000/- (Rupees Thirty Five Thousand Only). In addition to this amount, the appellant/claimant is granted a sum of Rs.3,249/- towards medical expenditure and Rs.1,000/- towards transportation for coming and going to the hospital and the residence and further sum of Rs.5,000/- towards extra nourishment totaling to Rs.44,249/- which is rounded up to Rs.44,300/- with interest at 7.5% per annum from the date of petition till the date of realization. 5. In the result, this appeal filed by the appellant is partly allowed. There shall be no order as to costs. __________________ GULAM MOHAMMED, J February 03, 2011 SP/KK HON'BLE SRI JUSTICE GHULAM MOHAMMED CMA NO. 4231 OF 2004 February 03, 2011 SP/KK [1] 2004 ACJ 428