JUDGMENT

K. Lakshman, J. - Assailing the award and decree dated 23.05.2006 in M.A.T.O.P. No.1360 of 1998 passed by the Motor Accidents Claims Tribunal - cum - III - Additional District Judge (Fast Track Court), Khammam (for short 'the Tribunal'), appellant filed the present appeal.

2. Vide the aforesaid award, the Tribunal has awarded an amount of Rs. 37,200/- towards compensation with proportionate costs and interest at 7.5% per annum thereon from the date of petition till the date of realization against respondent Nos.1 to 3 jointly and severally as against the claim of Rs. 1,00,000/- (Rupees one lakh only) made by the appellant for the injuries he sustained in a road accident occurred on 08.02.1997.

3. Heard Ms. T. Neelima Reddy, learned counsel representing Mr. A. Surya Narayana, learned counsel for the appellant - petitioner and Mr. S. Agastya Sharma, learned counsel for respondent No.3 - Insurer.

4. It is relevant to note, the appeal against respondent No.2, owner of the vehicle, was dismissed for default by this Court as per order dated 05.07.2016. Despite service of notice on respondent No.1, driver of the vehicle, none appeared on his behalf.

5. According to the appellant, on 08.02.1997 himself, his parents and others were engaged as coolies on the Tractor-Trailer bearing registration Nos.ATO 6155 and 6150 to load and unload the sand and gravel and while they were proceedings on the said vehicle and when reached the outskirts of Tekulagudem Thanda, since its driver, respondent No.1 drove the said vehicle in a rash and negligent manner at high speed, lost the control over the vehicle. On account of the same, the vehicle met with an accident. The appellant sustained grievous and simple injuries. He took the treatment in Government Hospital, Mahaboobabad. Thereafter he was referred to M.G.M. Hospital, Warangal, where he got operated and two-steel rods were inserted and undergone treatment for a period of three months as inpatient. According to him, prior to accident he was hale and healthy and earning an amount of Rs. 60/- per day by doing coolie work. Because of injuries he sustained in the accident, he sustained loss of future earning capacity, besides mental agony and pain. Therefore, he laid a claim seeking a sum of Rs. 1,00,000./- as compensation against respondent Nos.1 to 3, driver, owner and insurer of the above vehicle, jointly and severally.

6. Though respondent Nos.1 and 2, driver and insured, made their appearance before the Tribunal, did not choose to file the counter.

7. Respondent No.3 - Insurer only filed its counter disputing the liability as well as quantum of compensation.

8. On consideration of entire evidence, both oral and documentary, the Tribunal gave a finding that the accident was due to rash and negligent driving of the driver of the above tractor and trailer. It is relevant to note that respondent No.3 - Insurer has not filed any appeal challenging the above said findings and the said finding attained finality. In view of the same, the only question that falls for consideration by this Court in the present appeal is as to whether the Tribunal has erred in awarding only Rs. 37,200/- towards compensation as against the claim of Rs. 1,00,000/- made by the petitioner.

9. It is the specific contention of the learned counsel for the appellant that due to the accident, the appellant sustained grievous injuries and in proof of the same, he filed Ex.A3 - wound certificate. According to him, the appellant has also examined PW.2, the doctor who treated him. As per Ex.A3 - wound certificate, the appellant sustained two injuries viz., a contusion on the right leg, which is simple in nature and the other was, fracture of both bones of right leg in middle which was grievous in nature. The appellant also relied on Ex.A4 - certificate issued by a private doctor, Khammam, according to which the doctor has examined the appellant and after taking X-ray it is confirmed that the appellant sustained fracture to right