THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A. No.766 of 2003 JUDGMENT: The claimant has filed this appeal seeking enhancement of compensation pursuant to the Award in O.P.No.412 of 1997, dated 22-10- 2002 on the file of the Motor Accidents Claims Tribunal (District Judge), Anantapur. This is a case of injuries. On 28-12-1996, when the claimant was on his way, a lorry bearing registration No. BJY 105 belonging to the first respondent herein, driven in a rash and negligent manner, hit the petitioner resulting in injuries. He, therefore, filed the O.P. and sought for a compensation of Rs.50,000/-. The first respondent remained ex parte and the second respondent contested the claim. The Tribunal formulated the issues regarding rash and negligence and the amount of compensation to which the claimant is entitled. The claimant examined himself as P.W.1 and marked Exs.A1 (certified copy of the F.I.R., dated 28-12-1996 in crime No.105 of 1996 of Penukonda Police Station), Ex.A2 (certified copy of wound certificate, dated 28-12-1996) and Ex.A3 (medical bills (17 in number)). The second respondent did not adduce oral evidence, but marked Ex.B1 (copy of insurance policy). On a consideration of the evidence on record, the Tribunal awarded Rs.15,000/- for grievous injury and Rs.3,000/- for simple injuries, in all Rs.18,000/-, as against Rs.50,000/- claimed. Not satisfied with the said amount, this appeal is filed. Except the evidence of P.W.1, no medical witness was examined to certify the nature of injuries suffered by the claimant. Ex.A2, dated 28-12- 1996, is the wound certificate said to have been issued by the Civil Assistant Surgeon, Community Hospital, Penugonda, Anantapur District. According to the said certificate, the claimant suffered defuse, tender swelling with contusion on the left shoulder and a small contusion on the left elbow and tender swelling in right insuinal fossa. X-Ray suggested fracture on lateral end of left shoulder. As per the certificate, wound No.1 is grievous and wound Nos.2 and 3 are simple. Except this, the claimant did not adduce any evidence to establish the degree or gravity of the injuries. The Tribunal, therefore, awarded Rs.18,000/- in total for all the injuries suffered. The only fact to be considered is expenditure incurred by the claimant towards medicines. As per Ex.A3, consisting of 17 medical bills, the claimant spent Rs.2,250/-. Even though the Tribunal noticed it, this amount has not been awarded. Therefore, having regard to Ex.A3, it is held that the claimant is entitled for Rs.2,250/- as enhancement in this appeal. The said amount carries interest at 6% per annum from the date of petition till the date of realization. Accordingly, the award in O.P. No.412 of 1997, dated 22-10-2002 on the file of the Motor Accidents Claims Tribunal (District Judge), Anantapur, is modified and the Appeal is allowed to the extent indicated above. There shall be no order as to costs. _______________ NOUSHAD ALI, J. 19th August, 2010. skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A. No.766 of 2003 Date : 19-08-2010 Between : N.Muralikrishna Murthy .. Appellant and M/s.Ashok Leyland Limited by its General Manager, Plot No.1, Bhandra, MIDC Industrial Area, Gadagaon Village, Sakoli Taluk, Bhandara District, Maharastra State and another .. Respondents