IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL NO.2161 OF 2003 Between : K.Yadaiah .... APPELLANT A N D G.Satyanarayana and another. …RESPONDENTS THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.2161 OF 2003 JUDGMENT: Being dissatisfied with the quantum of compensation awarded in O.P. No.1128 of 1999 vide order dated 09.02.2001 by the learned Chairman, Motor Accident Claims Tribunal – cum – I Additional District Judge, Ranga Reddy, L.B. Nagar, the claimant preferred this Civil Miscellaneous Appeal seeking enhancement of compensation. 2. The owner of the tractor bearing No.AP-28-T-3755 involved in the accident and its insurer are respondent Nos.1 and 2 respectively in the O.P. before the Tribunal. 3. For the sake of convenience, the parties herein are referred to as arrayed in the O.P. before the Tribunal. 4. The case of the claimant in the O.P. before the Tribunal, in brief, is that on 19.02.1999, while he was proceeding as a labourer in the tractor bearing No. AP28 – T - 3755, belonging to respondent No.1, being driven by its driver, at the outskirts of Mangalpally Village, due to rash and negligent and high speed driving of the driver of the tractor, it turned turtle, as a result, he sustained fracture to his knees, head and also clavicle. Immediately, he was shifted to Osmania General Hospital, Hyderabad and thereafter he took treatment at Manik Prabhu Hospital. He spent Rs.10,000/- for the treatment. Due to the injuries, he lost his earning capacity. Hence, he claimed a compensation of Rs.1,00,000/-. 5. Respondent No.1, owner of the tractor involved in the accident, remained ex parte. 6. Respondent No.2, insurer of the above tractor, alone filed its counter denying the case of the claimant and also its liability for payment of compensation. 7. On the basis of the pleadings, the following issues were framed for trial by the Tribunal: “1. Whether the accident had occurred due to rash and negligent driving of the Tractor bearing No.AP-28-T-3755 by its driver? 2. Whether the petitioner is entitled for compensation? If so, to what amount? 3. To what relief ?” 8. To substantiate his case, the claimant got examined himself as PW.1 and got marked Exs.A-1 to A-10. On behalf of the insurance company, no oral or documentary evidence was adduced. 9. Based on the evidence on record and after an elaborate consideration of the same, the Tribunal awarded a sum of Rs.10,000/- to the claimant as against his claim of Rs.1,00,000/- against both the respondents for payment of compensation jointly and severally with interest at 12% per annum. Being dissatisfied with the quantum of compensation, claimant preferred this appeal seeking enhancement of compensation. 10. Since neither of the respondents preferred any appeal or cross- objections, there is no need to go into the question of proving the accident and their liability for payment of compensation. 11. Hence, the only point that arises for consideration is whether the claimant is entitled for enhancement of compensation? 12. In Ex.A-3, which is the initial medical certificate, there is no reference about claimant suffering fractures. Ex.A-6 is the subsequent medical certificate said to have been issued by Chaitanya Nursing Home, a private hospital, as such, the same cannot be believed. Thus, there is no material to show that the claimant suffered any fracture. However, as the claimant suffered several simple injuries, and hospitalized for some time, he must have spent some amount for the treatment, medicines, extra nourishment, transportation and attendant charges etc., and as he is a daily wage labourer, he must have been out of work for some time. In the circumstances, I am of the view that awarding another sum of Rs.5000/- (Rupees five thousand) to the claimant would meet the ends of justice and the same is accordingly, awarded. 13. Thus, the compensation of Rs.10,000/- awarded by the Tribunal is enhanced to Rs.15,000/- (Rupees fifteen thousand only). The rate of interest on the enhanced compensation shall be at 6% per annum from the date of petition till realization. It is made clear that with regard to the interest on the compensation awarded by the Tribunal, the order of the Tribunal shall stand. The claimant is permitted to withdraw the entire compensation soon after its deposit along with accrued interest. 14. With the above enhancement in quantum of compensation and the directions, the Civil Miscellaneous Appeal is allowed in part. There shall be no order as to costs. _________________________ P. SWAROOP REDDY, J. DECEMBER 23, 2010. YVL