HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.2375 of 2011 JUDGMENT: The appeal is filed by the appellant/petitioner against the order in O.P.No.334 of 1999 on the file of the Motor Accidents Claims Tribunal- cum- IV Additional District Judge (Fast Track Court) at Nizamabad, questioning the quantum of compensation, where-under a claim for compensation for a sum of Rs.1,00,000/- for the injuries received in a motor accident was dismissed. 2. According to the case of the petitioner, on 30.08.1998 when the petitioner was going on a Hero Honda Motorcycle, RTC bus bearing No.AP 10 Z 604 came in a rash and negligent manner and dashed against the petitioner, as a result of which, he received injuries and suffered disability. He spent money for treatment. The respondents contended that the incident was due to the fault of the petitioner; the nature of the injuries and nature of treatment are disputed. The lower Tribunal accepted the claim of the nature of incident but dismissed the claim for compensation as there was no proof of injuries. 3. The point for consideration is whether the order of the lower Tribunal is legal? 4. POINT: The learned counsel for the appellant contends that when the nature of the accident is established and when the evidence of PW.1 supported by the contents of First Information Report Ex.A.1 and charge sheet Ex.A.1 is accepted by the lower Tribunal, the lower Tribunal erred in discarding the nature of injuries received by the petitioner merely because the doctor was not examined. The evidence of the petitioner clearly goes to show that he has got a fracture to the right hip joint and sustained a fracture to the left shoulder. No injury certificate is said to have been filed. Having found under issue No.1 rejecting the evidence of PW.1 neither the driver nor the owner of the bus was examined. The lower Tribunal found that the petitioner was only shown as a direct witness to the incident and in the accident one Sk.Moin is said to have sustained injuries. The fact that he was also travelling on the motorcycle along with the said Moin is not discarded. Even if there are no visible injuries to the petitioner, the fact that there will be shock due to the incident suffered by the petitioner cannot be discarded. Therefore, taking into consideration the above circumstances and though the documents are not technically proved, the evidence of PW.1 having been supported by the charge sheet, I feel the ends of justice would meet if a compensation of Rs.12,000/- is granted. The interest at 7.5% shall carry on the awarded amount. Accordingly, the appeal is allowed in part. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:14.10.2011 INL