THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.NO.2603 OF 2008 JUDGMENT This appeal is directed against the order dated 31- 12-2007 in M.V.O.P.No.678 of 2004 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-IX Additional District Judge (FTC), Guntur, wherein the claim of the appellant herein for compensation was allowed in part awarding compensation of Rs.21,000/- with interest at 8% per annum from the date of petition till the date of award and 6% per annum from the date of award till realization. None appeared for the appellant. Heard the learned counsel appearing on behalf of respondent No.2- insurance company. Perused the records. The appellant herein filed a claim application seeking compensation of Rs.1,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 10-6-2004. According to the claimant, on that day, while he was standing on the road margin near Indira Colony in Medikonduru Village, a lorry bearing No.AP16T 8494 driven in a rash and negligent manner by its driver dashed against the claimant from behind, as a result of which, he sustained grievous injuries to his left leg, above the ankle joint besides other injuries. A case in Cr.No.89 of 2004 was registered against the driver of the lorry. The claimant was admitted in Government General Hospital, Guntur, where he underwent treatment as an inpatient and also undergone two surgeries to his left leg and skin grafting was done. The claimant is stated to be seven years by the date of accident and studying first standard. The first respondent – owner of the lorry remained ex parte. The second respondent - insurer filed a counter opposing the claim and denying their liability to pay the compensation. During the enquiry before the Tribunal, PWs.1 to 3 were examined and Exs.A1 to A5 were marked on behalf of the claimant. No oral or documentary evidence was adduced on behalf of the respondents. Ex.X1-case sheet issued by the Government General Hospital, Guntur, was marked. On consideration of the entire material available on record, the Tribunal held that due to the rash and negligent driving of the lorry by its driver, the accident had occurred. The Tribunal further held that the claimant is entitled to compensation of Rs.21,000/-. Not satisfied with the award, the claimant preferred the present appeal. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the lorry by its driver became final as no appeal is filed by the respondents. The only question that arises for consideration in the present appeal is whether the claimant is entitled to enhancement of compensation awarded by the Tribunal. The injured-claimant was young boy, aged 7 years and studying first standard by the date of the accident. The medical evidence on record, particularly, the testimony of PW3-doctor, who treated the claimant coupled with Ex.A3 wound certificate and Ex.X1 case sheet issued by the Government General Hospital, would show that the claimant sustained fracture injury on the left foot involving both bones of left leg and that debridment was done on 14-6-2004 and skin grafting was also done on 2-7-2004 and he was discharged on 15-7-2004. Thus, the claimant was inpatient in the hospital for five weeks during which period he underwent multiple surgeries. According to Doctor-PW2, the injuries resulted in mild restrictions of left ankle movements and flection deformity of left second toe which is permanent partial disability to the extent of 10%. As rightly observed by the Tribunal, the claimant has not produced any disability certificate issued by a competent authority or a Medical Board. In the absence of any such disability certificate issued by the competent authority duly assessing the nature and extent the physical disability, no compensation on that score can be awarded. The Tribunal awarded Rs.15,000/- towards pain and suffering, Rs.3,000/- towards medical expenses and Rs.3,000/- towards loss of future amenities, which comes to a total sum of Rs.21,000/-. The claimant filed medical bills - Ex.A5 showing the expenditure of only Rs.1,319/-. The above amounts awarded by the Tribunal do not call for any interference. But, however, the Tribunal failed to award any compensation for extra nourishment and attendant charges during the period of hospitalization. Having regard to the nature of the injuries sustained by the claimant and also the length of hospitalization, which is about five weeks and the fact that during the said period the claimant has undergone surgery on more than one occasion, it is considered that the amount awarded by the Tribunal is on lower side. In the circumstances, the claimant is entitled to a sum of Rs.5,000/- towards extra nourishment, Rs.5,000/- towards attendant charges and Rs.4,000/- towards transport charges. Therefore, the claimant is entitled to a total compensation of Rs.35,000/- with interest at 8% per annum on the original amount awarded by the Tribunal from the date of petition till the award and 6% per annum on the enhanced amount from the date of filing of the appeal till realization. The impugned order is modified accordingly. In the result, the appeal is allowed in part to the extent stated above. _____________________ G.V.SEETHAPATHY,J rkk Dated: 26-07-2011