THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.191 OF 2008 JUDGMENT: This appeal is directed against the order, dated 15.10.2007, in O.P.No.382 of 2005 on the file of the learned IV Additional District Judge-cum-Motor Accident Claims Tribunal, East Godavari, Kakinada, wherein the said application filed by the petitioner herein for compensation, was allowed in part, awarding compensation of Rs.11,262/-with interest @ 6% p.a., from the date of the petition with further direction that the same shall be apportioned equally between the respondents 3 and 4. 2. Heard both sides. Perused the record. 3. Appellant herein filed the claim application seeking compensation of Rs.1,00,000/- for the injury sustained by him in an accident that occurred on 24.02.2005. According to the claimant, on that day, while he was proceeding towards port railway station from Old bridge, Jagannaickpur, Kakinada on a cycle, a tractor and trailer bearing No.AP 5K 8682 and AP37X 0032, driven by the 1st respondent in a rash and negligent manner, dashed against the cycle of the claimant resulting in fracture of leg besides other simple injuries. A case in Cr.No.27 of 2005 was registered against the driver of the tractor and trailer by the police, I Town (L & O) police station, Kakinada. 1st respondent-owner of the tractor and trailer remained ex parte. Respondents 2 to 4 filed counters opposing the same and denying their liability. 4. During the enquiry, P.Ws.1 to 3 were examined and Exs.A1 to A4 and Ex.X1 were marked on behalf of the claimant. No oral evidence was adduced by the respondents, but Ex.B1-copy of the policy was marked. 5. On a consideration of the evidence available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the tractor and trailer by its driver. The said finding has become final as no appeal is filed by the respondents. The Tribunal awarded a total compensation of Rs.11,262/-. Not satisfied with the same, claimant preferred the present appeal. 6. The medical evidence on record shows that the claimant sustained fracture of left femur besides four other simple injuries. There is no evidence on record to show that the claimant was inpatient in the hospital for any length of time or that the fracture injury has resulted in the permanent disability. No certificate of permanent disability and physical disability issued by a competent authority or medical Board is filed to show that the claimant sustained any permanent disability and the consequent loss of earning capacity. 7. As the claimant is shown to have suffered one fracture injury and four simple injuries, he is entitled for a sum of Rs.5000/- for the grievous injury and Rs.1000/- each for four simple injuries, which comes to Rs.9000/- towards pain and suffering. Though he claimed five medical bills-ExA4, showing an expenditure of only Rs.261.50ps, which is considered by the Tribunal, having regard to the nature of the injuries sustained by the claimant, it is considered that the amount awarded by the Tribunal towards medical expenses is very low and hence, the same can be enhanced to Rs.5000/- Similarly as the claimant sustained fracture of leg, which necessarily renders him immobile for one month, as contended by the learned counsel for the appellant, the Tribunal ought to have awarded some amount towards loss of earnings. As the claimant is shown to be a daily wage earner and estimating his income at Rs.1200/- per day, it is considered that a sum of Rs.3000/- can be awarded towards loss of earnings for a period of one month since the accident. Claimant is also held entitled for a sum of Rs.5000/- towards extra nourishment and Rs.5000/- towards attendant charges. Thus, the claimant is entitled for total compensation of Rs.27,000/-with interest @ 6% per annum from the date of the petition and the said amount shall be apportioned equally among the respondents 3 and 4, as ordered by the Tribunal. The impugned order is modified accordingly. 8. In the result, appeal is allowed as stated above. _______________________ G.V.SEETHAPATHY, J 26th August, 2011 Tsy