THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.2048 of 2003 JUDGMENT: This civil miscellaneous appeal is filed by the petitioner- claimant, against the order and decree of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Guntur, in O.P.No.131 of 1998, dated 17.10.2000. 2. Heard. 3. The brief facts are as follows: On 17.11.1997 at about 3.15 p.m. the petitioner was proceeding on scooter from Tenali to Yadlapalli. On the way, the driver of the car bearing No.AP 7F 715 came in a rash and negligent manner in high speed and hit the scooter, on account of which, the petitioner sustained injuries. The petitioner is a tailor earning Rs.100/- a day. Due to injuries, he lost his earning capacity. He underwent treatment at Government Hospital. He spent huge amount for treatment. As he suffered fracture to right leg, he is unable to walk. He claimed compensation of Rs.1.00 lakh. 4. The first respondent remained exparte and the second respondent filed counter denying the allegations. 5. On the basis of the above pleadings, the following issues were framed: 1. Whether the accident occurred due to rash and negligent driving of the drivers of Ambassador Car bearing No.AP 7F 715 or Scooter No.AP 7C.1995? 2. Whether the petitioner is entitled to compensation if so, to what amount? 3. To what relief? 6. On behalf of the petitioner, P.W.1 was examined and Exs.A1 to A.5 were marked. On behalf of the respondents, no oral or documentary evidence was adduced. On the basis of the material on record, the court below granted compensation of Rs.23,500/-. Out of that Rs.15,000/-towards fracture, Rs.1500/- towards simple injury, Rs.5,000/- towards medial expenses and Rs.2,000/- towards pain and suffering. Aggrieved by the above quantum of compensation, the present appeal is filed. 7. Now, the point for consideration is whether there are any grounds for allowing the appeal? 8. It is a case of petitioner suffering one fracture. No medical officer is examined. There is no other material to show that the fracture suffered by the petitioner was of any serious nature. The compensation awarded by the Court below cannot be said to be totally inadequate. However, as he suffered fracture to his leg, he must have suffered pain and he must have lost his earnings for some time towards which no compensation is awarded. Enhancing the compensation by granting another amount of Rs.15,000/- would meet the ends of justice. 9. Accordingly, the compensation is enhanced from Rs.23,500/- to Rs.38,500/- and the C.M.A. is partly allowed. Interest on the enhanced amount of compensation shall be at 6% per annum. No costs. ___________________ P. SWAROOP REDDY, J. Date: 24.11.2010 Rns