HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.2334 OF 2002 JUDGMENT: Being dissatisfied with the quantum of compensation, claimant filed this Civil Miscellaneous Appeal against the order in O.P. No.115 of 1999 dated 18-02-2002 passed by the learned Chairman, Motor Vehicles Accidents Claims Tribunal – cum – District Judge, Nalgonda. 2. Appellant is claimant, respondent Nos.1 and 2, who are driver of the lorry and insurer of the lorry respectively, are respondent Nos.1 and 2 in the O.P. before the Tribunal. 3. For the sake of convenience, the parties are referred to as arrayed in the O.P. before the Tribunal. 4. The case of the claimant is that on 23-10-1998 while he was going in the lorry bearing No.AP-26-T-8638 with cargo driven by its driver, respondent No.1, near Dandu Malkapuram, Nalgonda District, driver of the lorry dashed the lorry against another lorry bearing No.AEK – 3747, which was parked on the left side of the road, and on account of that claimant suffered fracture of his both legs. He was treated in Osmania General Hospital and he suffered permanent disability. Hence, he claimed a compensation of Rs.3,00,000/- for the injuries suffered by him in the accident. 5. Respondent No.1, driver of the lorry, remained ex parte and respondent No.2, insurance company, alone filed its counter denying the case of the claimant. 6. Based on the pleadings, the following issues were framed by the Tribunal for trial: “1. Whether the accident was due to rash and negligent driving by the driver of the cargo lorry bearing No.AP-26T-8638? 2. Whether the petitioner is entitled to any compensation, if so, to what amount? 3. To what relief ?” 7. To prove his case, claimant got examined himself as PW.1 and got marked Exs.A-1 to A-10. On behalf of the insurance company, no oral evidence was adduced but insurance policy alone was marked as Ex.B-1. 8. Based on the material on record, Tribunal awarded a total compensation of Rs.75,000/- to the claimant as against his claim of Rs.3,00,000/-. Being dissatisfied with the quantum of compensation, this appeal is filed by the claimant. 9. Now the point that arises for consideration is whether there are any grounds for allowing this appeal ? 10. In paragraph No.6 of the judgment, Tribunal observed that claimant claimed that he suffered injury to his leg and also abdomen and filed a copy of the medico legal record, Ex.A-3, and discharge card, Ex.A-5, and Ex.A-3 shows that claimant suffered five injuries and they were opined as grievous and Ex.A-5, discharge card issued by the Osmania General Hospital, and Ex.A-6, copy of the case sheet, show that claimant was admitted in the Hospital on 23-10-1998 and was discharged on 25-12-1998. 11. But, learned chairman did not give any finding as to whether claimant suffered five fractures. However, it was observed that claimant said to have suffered five injuries. Evidence of the claimant as PW.1 is laconic as he stated about only fracture of leg. He did not even say “legs” to say that he suffered fracture of both legs. However, in view of the material filed, I am inclined to accept that claimant suffered fracture of both legs, but his claim that he suffered five fractures is apparently incorrect and the same cannot be accepted, as he ought to have spoken about the same in his evidence and as there is no supporting medical evidence for the same even assuming that out of ignorance, he could not speak about the injuries in detail. Tribunal awarded a compensation of Rs.50,000/- towards pain and suffering and under all other heads, Tribunal awarded only Rs.25,00/-. 12. Considering the fact that claimant suffered two fractures i.e., of his both legs, he must have been out of job for at least 5 to 6 months. Further, though he underwent treatment in Government Hospital, he must have spent substantial amount for attendants, transportation, extra-nourishment and medicines etc. Hence, at least a total compensation of Rs.1,00,000/- can be granted to the claimant. 13. Accordingly, the compensation awarded to the claimant is enhanced to Rs.1,00,000/- (Rupees one lakh only) from Rs.75,000/- awarded by the Tribunal. However, interest on the enhanced compensation shall be at 6% per annum only. Claimant can withdraw the entire enhanced compensation soon after its deposit. 14. With the above directions, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. ______________________ P. SWAROOP REDDY, J September 23, 2010. PV