THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3204 OF 2004 Pinnapuram Chinna Madduleti V APSRTC THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3204 OF 2004 Oral Judgment: 1) This Civil Miscellaneous Appeal is preferred by the claimant seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal-cum- III Additional District Judge, Kurnool at Nandyal in MVOP No.87 of 2003 by judgment dated 24-5-2004. 2) The facts in brief are that while on 11-7-2002 at about 8.00 p.m. near S.R.B.C. Canal on National High Way No.18 when the claimant was proceeding towards Panyam side in this double bullock cart, a RTC bus bearing No.AP 10Z 5625 came at high speed in rash and negligent manner from his behind and dashed against his bullock cart, as a result, the claimant fell down on the road and received grievous injuries, therefore he filed the claim petition seeking compensation of Rs.1,00,000/- from the respondent-corporation. 3) Before the Tribunal, the respondent filed counter denying all the material allegations made in the claim petition. On the basis of the rival claims, appropriate issues were framed. On behalf of the claimant, he himself was examined as P.W.1 and Exs.A.1 to A.5 were marked. On behalf of the respondent-corporation neither oral nor documentary evidence was adduced. 4) The Tribunal on consideration of the evidence, including of P.W.1, and the contents of Ex.A.1, and Ex.A.2 and in the absence of any rebuttal evidence by the respondent, rightly held that the driver of the bus drove it in a rash and negligent manner, causing injuries to the appellant. 5) With regard to quantum of compensation, it is in the evidence that the appellant-claimant received one grievous injury and two simple injuries, as per the wound certificate in Ex.A.3. The Tribunal granted a sum of Rs.1500/- towards loss of earnings for one month, Rs.7,000/- towards pain and suffering, Rs.5,000/- towards medical expenses and extra nutrition, and attendant charges, Rs.5,000/- towards amenities as the claimant was bed ridden for a period of one month due to the injuries. Though no medical evidence was adduced by the claimant, the fact remains is that the claimant sustained fracture of left leg which is grievous injury in nature and also sustained two simple injuries, further amount of Rs.5,000/- each is granted towards ( i)medical expenses, (ii) extra nutrition, (iii) attendant charges and (iv) loss of amenities, totaling to Rs.38,500/- which can be rounded off to Rs.40,000/-. 6) In the circumstances, the appeal is allowed- in part granting total compensation of Rs.40,000/- with 7% interest per annum from the date of petition till realization on the enhanced amount. No costs. GM, J Kk/22-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.3204 OF 2004 22-7-2010