THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.CIVIL MISCELLANEOUS APPEAL No.1418 OF 2011 JUDGMENT: The appeal is filed by the claimant being not satisfied with the compensation granted in O.P.No.246 of 2000 on the file of Motor Accident Claims Tribunal-cum- District Judge, Adilabad, for injuries received by him in a motor accident. 2. According to the petitioner, on 09.07.1998 when the petitioner was coming in the van bearing No.AP 1U 1526 with a load of oil drums due to the rash and negligent driving of the bus by its driver, it dashed against SRMT truck, as a result of which, the petitioner received multiple injuries and spent money for treatment and suffered disability. The 1st respondent is owner and 2nd respondent is insurance company of the Van, in which the petitioner was travelling. The 1st respondent remained ex parte and the 2nd respondent filed a counter putting the petitioner to strict proof of the rashness and negligence attributed to the driver of the van, the nature of the damages and quantum of compensation. On behalf of the petitioner, PWs.1 and 2 and marked Exs.A.1 to A.8. On behalf of the respondents, no oral evidence is adduced but got marked Ex.B.1 policy. The Tribunal after considering the evidence, granted a compensation of Rs.54,332.70 ps. 4. According to the counsel for the petitioner, having accepted the claim of the petitioner with regard to the fracture and also the disability as deposed by doctor PW.2, the lower Court has granted meagre compensation towards disability. In fact, the petitioner is said to have been received compound fracture of both bones of right leg and he was in hospital for about 45 days according to the claim of the petitioner and there was loss of earnings also. This was not considered by the lower Tribunal. Therefore, taking into consideration the disability of the right leg, further sum of Rs.10,000/- is granted towards loss of earnings and further sum of Rs.10,000/- is granted towards permanent disability and the total compensation is fixed at Rs.75,000/- and the petitioner is entitled to interest at 7.5% per annum on the enhanced compensation. Accordingly, the award of the lower Tribunal is modified and the Civil Miscellaneous Appeal is allowed in part. Each party shall bear their own costs. ________________________ N.R.L.NAGESWARA RAO,J Date: 14.07.2011 INL