THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No.1882 of 2011 JUDGMENT:- The appeal is filed by the claimant questioning the quantum of compensation. The petitioner is said to have received injuries in a motor accident on 29-01-2003 while travelling in a Jeep bearing No.AP 0U 3730 to go to Madanapalle from Punganur and due to the rash and negligent driving of the jeep by its driver, the jeep hit the RTC Bus and caused the incident. The first respondent is the owner and the second respondent is the Insurance Company and they are jointly and severally liable to pay the compensation. It was pleaded that the incident was happened due to failure of the breaks and due to the fault of the driver of the RTC Bus. The third respondent claimed that the incident was due to the fault of the driver of the Jeep only. After considering the material evidence on record, the lower Tribunal accepted the reason for accident as being the rashness and negligence of the driver of the jeep and dismissed the claim against the third respondent and granted a compensation of Rs.68,000/- with interest @ 9% p.a. The learned counsel for the appellant strongly contends that the quantum of compensation granted by the lower Tribunal is not reasonable. As can be seen from the evidence on record, the petitioner claims to have suffered fracture to his left thigh and knee and was treated in Government hospital, Punganur and at Madanapalle by a private doctor and spent Rs.25,000/- and he lost earnings. In order to substantiate the above contention, the lower Tribunal has granted a sum of Rs.3,000/- towards loss of earnings and a sum of Rs.25,000/- towards medical expenses and considering the disability and also the nature of the injuries, a sum of Rs.45,000/- granted as compensation towards pain and suffering. But, however, the petitioner was said to be in hospital for a period of more than one month and was treated at Madanapalle and also Punganur and no separate percentage of disability was determined by the lower Tribunal. The petitioner was evidently an auto driver and due to the injury suffered by him, at least for a period of six months he might have suffered the loss of earnings and the lower Tribunal has granted only Rs.3,000/-. Therefore, taking into consideration the above facts and also the nature of the injuries and also the fact that the petitioner was in hospital for a longer time, I feel ends of justice would meet if a compensation of Rs.1 lakh is granted in stead of Rs.68,000/- as granted by the lower Tribunal. Accordingly, the appeal is partly allowed. The appellant/petitioner is entitled for a sum of Rs.1,00,000/- towards compensation in stead of Rs.68,000/- as granted by the lower Tribunal with interest @ 7.5% on the enhanced amount of compensation i.e., Rs.32,000/- from today till the date of realisation. Each party do bear their own costs in this appeal. _______________________ N.R.L. NĀGESWARA RĀO,J 16-09-2011 TSNR