THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2078 of 2011 JUDGMENT: The appeal is filed against the judgment dated 14.10.2004 in O.P.No.3 of 2003 on the file of the Motor Accident Claims Tribunal- cum-VI Additional District Judge (Fast Track Court), Nizamabad in granting a compensation of Rs.15,000/- as against the claim of Rs.2,00,000/-. The claim of the petitioner that he received injuries in the motor accident on 16.12.2002 when he was going on his cycle, a motor cycle bearing No.AP-15E-7234 came behind him in a rash and negligent manner and dashed against him, as a result of which he suffered multiple injuries and fractures and was treated in the hospital and spent money for treatment. The 1st respondent, who is the owner, remained ex parte and the 2nd respondent, who is the insurance company, filed a counter denying the nature of accident, nature of injuries and its liability. After considering the evidence on record, the lower Tribunal has fixed the compensation at Rs.15,000/-. There is no appeal by the insurance company questioning the liability. The learned counsel for the appellant contends that the compensation arrived at by the lower Tribunal is not correct. According to him, P.W.2, who is a doctor, was examined as he treated the petitioner and issued the certificate Ex.A-3 and as can be seen from Ex.A-3, there are two fractures to left ankle and left hand and also one abrasion. P.W.2 is the Assistant Civil Surgeon in Government Hospital, Nizamabad. Evidently, P.W.2 is said to have been treated the petitioner in a private hospital. There is no prohibition for P.W.2, a Government doctor, for treating the petitioner in a private hospital, merely because the reasoning given by the lower Tribunal in rejecting the evidence of P.W.2 for issuing the certificate as an Assistant Civil Surgeon when he was under suspension is also not valid. However, the lower Tribunal came to the conclusion that the petitioner has received a grievous injury on his left hand and the lower Tribunal has granted a sum of Rs.15,000/- towards pain and suffering. Evidently, the lower Tribunal has not considered the medical expenses or the extra nourishment and attendance. The disability certificate is also issued by the doctor P.W.2. The petitioner was said to be in hospital for sufficiently long time and he was running a kirana shop and there is lot of inconvenience to him. Therefore, taking into consideration the compensation is enhanced to Rs.50,000/- (Rupees fifty thousand only). The interest on the enhanced amount shall be at 7.5% per annum. Accordingly, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 19-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2078 of 2011 DATE: 19-09-2011 MR