THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.693 of 2008 JUDGMENT: Aggrieved by the judgment and decree dated 19-11-2007 in M.V.O.P.No.1120 of 2005 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-III Additional District Judge, Guntur (for brevity ‘the Tribunal’), the present C.M.A. is filed. 2. The appellant herein is the petitioner in M.V.O.P.No.1120 of 2005. The case of the appellant is that on 16-09-2005, she met with an accident in a road traffic accident, in which she sustained injuries. She made a claim of Rs.2.00 lakh for the injuries sustained by her. While evaluating the evidence of P.Ws.1 and 2 and documentary evidence Exs.A-1 to A-7 and Exs.X-1 to X-3, the Tribunal below awarded compensation of Rs.68,000/- against the claim of Rs.1.00 lakh. Being aggrieved, the present C.M.A. is filed. 3. The learned counsel for the appellant mainly urged that the Tribunal without taking into consideration the gravity of the injuries sustained by P.W.1, awarded only a meager compensation, which needs further enhancement. 4. Now the point for consideration is whether the award of compensation granted by the Tribunal is sustainable and the appellant is entitled for enhancement of compensation 5. In order to prove the accident, the appellant while examined herself as P.W.1, got filed Ex.A-1, certified copy of F.I.R., Ex.A-2, certified copy of charge sheet and Ex.A-3, certified copy of wound certificate. On perusal of the above said documents, it shows that the accident was due to rash and negligent driving of the driver of the offending vehicle and P.W.1 sustained injuries in the aforesaid road traffic accident. During the course of arguments, the factum of accident is not disputed. 6. In proof of the injuries, P.W.1 got examined P.W.2, Dr.Y.Seetharamanjaneyulu, and got marked Ex.A-3, certified copy of would certificate, Ex.A-4, certified copy of M.V.I. Report. Ex.A-5, discharge summary and Ex.A-6 is the x-ray film, Ex.A-7, medical bills. Ex.X-1, case sheet, Ex.X-2, discharge summary and Ex.X-3, x-ray film. All the aforesaid documents conjointly read that the appellant sustained severe grievous injuries in the road traffic accident. As per the wound certificate, Ex.A-3, the petitioner was taken to Government General Hospital, Guntur on 16-09-2005 and it was noticed fracture of right radius, ulna and right first meta carpal, fracture of right clavicle and scapula. As per the case sheet, it was noticed fracture of both bones of left fore arm at the time of admission. As per the slips attached to the case sheet, fracture of both bones of left fore arm and fracture of both bones of right fore arm and right first meta carpal are noticed. 7. Though the Tribunal discussed the evidence on record in detail, but carried away with the slips attached to the case sheet and suspected the recitals thereunder. In any view of the matter, as per Ex.A-3, the appellant sustained fractures and grievous injuries. The appellant aged about 25 years, being a lady, she cannot attend her normal duties with the above said injuries. Hence, any amount of compensation will not equate the suffering of the injured. Moreover, the above said injuries will cause much hindrance to the appellant in her day-to-day life, in particular, in her domestic life. However, while taking into consideration the gravity of the injuries, compensation to be awarded. 8. The Tribunal awarded only Rs.25,000/- towards pain and suffering besides granting compensation on other heads. The Tribunal below ought to have seen that on a conjoint reading of the evidence of P.W.2 together with P.W.1, it clearly indicates that even the function of the right hand of the claimant is completely nil and it is not useful for any purpose, which itself leads to an irresistible conclusion that the evidence of P.W.1 is highly believable. In the aforesaid back drop, enhancement of Rs.20,000/- towards injuries sustained by the appellant is just and reasonable. Accordingly, the same is enhanced. In total, the appellant is entitled to Rs.88,000/- (Rupees eighty eight thousand only) under all heads. 9. Accordingly, the appeal is allowed in part enhancing the compensation from Rs.68,000/- to Rs.88,000/-. The enhanced amount shall carry interest @ 6% per annum from the date of petition till the date of realization.. No costs. _________________ K.S.APPA RAO,J Date: 21st July, 2011 kvr