THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No. 3786 of 2008 DATE: 16-03-2011 Between: Smt.Afzal Bee .. Appellant And B.Ramesh and 2 others .. Respondents THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No. 3786 of 2008 JUDGMENT: Being aggrieved against the judgment and decree dated 20.10.2005 passed in O.P.No.235 of 2003 on the file of the Motor Accidents Claims Tribunal-cum-IV Additional District Judge (Fast Track Court), Nizamabad, the present Motor Accident Civil Miscellaneous Appeal is filed alleging that the lower Court without taking into consideration of the gravity of injuries granted very meagre amount of Rs.4,500/-, which is contrary to the provisions of the Motor Vehicles Act, 1988 (for short “M.V.Act”) and sought enhancement of compensation. Now the point for consideration is whether the judgment and decree of the lower Court is sustainable? As seen from the record, the petitioner being injured filed the M.V.O.P. claiming compensation for Rs.1,00,000/- for the injuries sustained by her in a motor vehicle accident occurred on 02.08.2002 at Balkonda village. In order to prove the injuries, she examined herself as P.W.1 and marked Exs.A-1 to A-6. Ex.B-1 is the policy copy, which reads that the offending vehicle had valid insurance coverage as on the date of incident. Exs.A-1 and A-2, copy of First Information Report and copy of charge sheet respectively, which reads that the accident was due to rash and negligent driving by the driver of the auto bearing No.AP-25-T-9631 belonged to the 2nd respondent, which was validly insured with respondent No.3 as on the date of accident. The petitioner as P.W.1 deposed that she sustained fracture to right scapula region, fracture to right collar bone, fracture of right shoulder, head injury, multiple and grievous injuries on various parts of the body and she was taken treatment in Balkonda Government Hospital, later shifted to Dr.L.Ramulu for expert treatment and spent Rs.1,00,000/- towards medical expenses. Admittedly, she was an agricultural coolie. The lower Court granted very meagre amount on the ground that the doctor, who treated P.W.1, was not examined. Ex.A-3 wound certificate issued by the Government Hospital, Balkonda. As seen from Ex.A-3, the petitioner sustained 1) fracture to right scapula region; 2) fracture to right collar bone; and 3) head injury and as per Ex.A-3 the petitioner was referred to Government Hospital, Nizamabad but P.W.1 was treated by Dr.L.Ramulu and he gave opinion that injuries one and two are grievous in nature. Though P.W.1 stated that she sustained injuries as noted in Ex.A-3, which is not proved by examining any doctor in the lower Court. However, since Ex.A-3, the wound certificate issued by the doctor in Government Hospital, Balkonda some credence is to be given to its genuineness. Admittedly, as per Ex.A-3, the petitioner sustained two grievous injuries. The petitioner’s age is 50 years and that the occupation is hotel business. While taking into consideration the gravity of the injuries, which are noted in Ex.A-3, granting of Rs.10,000/- (Rupees ten thousand only) to each injury is just and reasonable. Accordingly, an amount of Rs.20,000/- (Rupees twenty thousand only) is granted towards the injuries against the award passed for Rs.3,000/-. In the lower Court the petitioner was granted Rs.1,000/- towards medical expenses. Admittedly, as per evidence of P.W.1, she has taken treatment in the private nursing home Dr.L.Ramulu. Probably she might have spent some money towards her treatment in private nursing home. Therefore, granting of Rs.5,000/- (Rupees five thousand only) towards medical expenses is just and reasonable. Admittedly, there are two grievous injuries and, therefore, the petitioner also entitled for compensation of Rs.5,000/- (Rupees five thousand only) towards pain and suffering. The petitioner is granted Rs.500/- towards transport and extra nourishment by the lower Court and the same is confirmed. In total the petitioner is entitled for compensation as under: Two grievous injuries (Rs.10,000/- each) = Rs.20,000/- Pain and suffering = Rs. 5,000/- Medical expenses = Rs. 5,000/- Transport and extra nourishment = Rs. 500/- ----------------------- Total comes to = Rs.30,500/- ----------------------- Therefore, the enhanced compensation is granted in the special circumstances of the case. In the result, the Motor Accident Civil Miscellaneous Appeal is partly allowed granting a compensation of Rs.30,500/- (Rupees thirty thousand five hundred only) and the enhanced compensation shall carry interest @ Rs.6% per annum from the date of petition. _______________ K.S.APPA RAO, J 16-03-2011 MR THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No. 3786 of 2008 DATE: 16-03-2011 MR