HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.No.61 of 2003 J U D G M E N T : The petitioner/injured in motor accident filed this appeal seeking enhancement of compensation. The lower Tribunal i.e, Motor Accidents Claims Tribunal–cum-I Addl. District Judge, Kurnool, granted compensation of Rs.56,800/- to the petitioner as against his claim of Rs.1,50,000/-. Break-ups of compensation awarded by the lower Tribunal are 1. Rs.40,800/- towards permanent disability to the extent of 10% 2. Rs.10,000/- towards loss of amenities in life in future 3. Rs.6000/- towards pain and suffering for the injuries sustained by the petitioner. 2. The petitioner sustained one simple injury which is a laceration of 3” x 2” of left leg and one grievous injury by way of fracture tibia of lower end of left leg. PW-4, who is a doctor, opined that there is 20% permanent disability for the petitioner who is a driver by profession because of fracture on his left leg which resulted in shortening of length by one inch of left leg. It is contended by the appellant’s counsel that no reason was put forward by the lower Tribunal for reduction of permanent disability from 20% to 10%. Apart from Rs.40,800/- granted under the head of permanent disability, the lower Tribunal further granted another sum of Rs.10,000/- towards permanent physical disability by way of loss of amenities in life in future. Thus, the total compensation amount under the head of permanent disability comes to Rs.50,800/-. Having regard to injury sustained by the petitioner, this court is of the opinion that the amount of compensation granted under the above heads is appropriate. 3. At the same time, the lower Tribunal did not grant any general damages for one grievous injury and one simple injury sustained by the appellant apart from special damages under several heads. It is contended by the 2nd respondent’s counsel that no separate claim is made by the petitioner for general damages. It is well settled principle of law that though the claimant/claimants did not ask compensation by dividing them under different heads, it is open to the Tribunal or the appellate court to grant any amount of compensation under heads, which are not specifically claimed in the claim petition, subject to total of compensation not exceeding the total claim made in the claim petition. Therefore, it would be just and appropriate to grant further compensation of Rs.1,000/- for one simple injury and Rs.15,000/- for one grievous injury under the head of general damages. Thus, the total compensation amount comes to Rs.72,800/-. 4. In the result, the appeal is partly allowed enhancing the compensation amount from Rs.56,800/- to Rs.72,800/- with proportionate costs. No costs. ____________________________ SAMUDRALA GOVINDARAJULU, J 01-07-2010 Mjl/*