HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.NO.159 OF 2003 DATE:01.07.2010 Between: Kamireddy Sreenivasulu Reddy …… Petitioner. And: V. Subbaraghava Reddy and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.NO.159 OF 2003 JUDGMENT: 1. The injured/claimant in motor vehicle accident is the appellant. Dissatisfied with quantum of compensation granted by the lower tribunal, this appeal is filed. As the matter now stands, there is no dispute about factum of accident, manner of accident i.e., due to rash and negligent driving of the motor vehicle, and also about nature of injuries sustained by the claimant. The lower tribunal granted compensation of Rs.30,000/- to the appellant. The 2nd respondent/insurance company did not file any appeal against the award passed by the lower tribunal. 2. The petitioner sustained one grievous injury and three simple injuries. Grievous injury is in the nature of fracture of both bones of left leg below knee. It is a compound fracture. Other injuries are (1) lacerated injury of 8 cm X ½ cm, bone visible over the left side frontal region of the scalp, (2) lacerated injury of 5 cm X ½ cm over left parietal region of the scalp and (3) lacerated injury of 3 cm X ½ cm over the right side shoulder joint. The lower tribunal granted total sum of Rs.25,000/- towards compensation for the injuries and Rs.5,000/- towards medical expenses. The appellant’s counsel contended that amount of compensation awarded by the lower tribunal is inadequate and too low. According to the claimant/P.W.1, he took treatment from Apollo Hospitals, Madras. He filed Ex.A-4 in-patient bill, Ex.A-5 another bill for consultation charges apart from Exs.A-6 to A-8 discharge summaries issued by Apollo Hospitals, Madras. No doubt, the claimant did not examine any doctors from Apollo Hospitals, Madras. At the same time, the appellant filed Exs.A-4 and A-5 receipts issued by Apollo Hospitals, Madras. Ex.A-4 is for Rs.71,099/- towards Surgeon and Anaesthetist fees, Anaesthesia, blood, oxygen, OT, appliances, diagnostic materials, X-ray, medicines and drugs, room, board, nursing expenses etc. Ex.A-5 was issued for Rs.1,800/- towards medical practitioners consultation fees. Both the bills show that the claimant underwent treatment in that hospital from 21.08.1992 to 07.09.1992. 3. It is contended by the 2nd respondent’s counsel that the claimant did not prove Exs.A-4 and A-5 bills by examining persons relating to Apollo Hospitals, Madras to the effect that they charged the said amounts and that they collected the said amounts from the claimant. No doubt, examination of persons connected with Apollo Hospitals, Madras is one of the methods of proof of Exs.A-4 and A-5 bills. But, that is not the only method of proof. Those bills were issued to P.W.1 and P.W.1 has remitted the amounts in Apollo Hospitals, Madras from his pocket. Therefore, P.W.1 is also equally competent to prove Exs.A-4 and A-5 bills and payment of bill amounts covered by them. The lower tribunal did not consider evidence of P.W.1 on Exs.A-4 and A-5 bills and erroneously granted a paltry sum of Rs.5,000/- towards medical expenses. The lower tribunal did not in so many words say that Exs.A- 4 and A-5 cannot be accepted as true. When P.W.1 who made the payments under Ex.A-4 and A-5 examined himself and proved the bills and payments thereunder, it cannot be said that those documents are not proved in accordance with law. Total amount covered by Exs.A-4 and A- 5 comes to Rs.72,899/-. The lower tribunal granted Rs.5,000/- towards medical expenses. The said amount of Rs.5,000/- has to be deducted from out of Rs.72,899/-. It comes to Rs.67,899/-. To that extent, the appellant is entitled for enhancement of compensation in this appeal. 4. In the result, the appeal is partly allowed enhancing the compensation amount from Rs.30,000/- to Rs.97,899/- with professional costs. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:01.07.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU C.M.A.NO.159 OF 2003 Date:01.07.2010 Gk.