JUDGMENT:

This Motor Accidents Civil Miscellaneous Appeal is filed by the claimant, aggrieved by the order and decree passed in OP No. 999/2003 dated 21.05.2007 on the file of Court of Chairman Motor Accidents Claims Tribunal cum III District Judge (FTC) Nalgonda, wherein the Tribunal had awarded a compensation of Rs.76,000/- as against the claim of Rs.2,00,000/- for the injuries sustained by the appellant in a motor vehicle accident that occurred on

18.08.2003.

2. The case of the appellant in brief:

On the intervening night of 18.08.2003 and

19.08.2003, the petitioner and, his cleaner and one B.Mallesham were sleeping in front of their lorry bearing No.AP 16 U 1766 near lorry owners association office situated at ADB road, Thimmapuram at about 12 hours in the midnight a lorry bearing No. ATP 15 came in an opposite direction and in a rash and negligent manner ran over the left leg of the petitioner, as a result, the petitioner sustained compound fracture of left femur, grievous injury on right leg and sustained grievous injuries all over his body and immediately he was shifted to government Hospital Kakinada and took treatment as inpatient. It is pleaded that prior to accident, he was hale and healthy and worked as driver of the lorry and get Rs.4,000/- per month towards income, but due to sustaining injuries in the accident and taking treatment he could not attend work and thereby lost income.

3. Notice to respondent No.1 was returned with an endorsement refused to receive. Hence it is treated as deemed service. Hence respondent No.1 was remained exparte before the Tribunal.

4. 2nd respondent/insurance company filed its counter and denied the averments of the petition and disputed the manner in which the accident was described to have been taken place and that the lorry bearing No. AP T 15 was driven by its driver in a rash and negligent manner and dashed the petitioner while he was sleeping. It is further denied the age, income, avocation and health condition of the appellant at the time of accident.

5. On behalf of the appellant, PW1 to PW3 were examined and Ex.A1 to Ex.A15 were marked. Ex.P1 was marked on behalf of respondent.

6. On considering the evidence and material on record, the Tribunal was pleased to allow the petition in part awarding compensation of Rs.76,000/- to the petitioner payable by the respondent No.1 and 2 jointly and severally together with costs and interest @7.5% per annum from the date of petition till the date of deposit of the amount.

1. Percentage of disability Rs.54,000/-

(3,000x12x15x10/100)

2. Medical bills Rs.22,000/-

Total Rs.76,000/-

7. Heard the counsel for appellant inspite of service of the notice to respondent No.2, none appeared.

8. The appellant contends that the Tribunal erred in not awarding compensation towards one grievous injury and one simple injury. It is further contended that the Tribunal failed to consider the period for which the appellant had taken medical treatment in the hospital and failed to award for the treatment period towards loss of earnings. It is further contended that the Tribunal erred in not awarding compensation towards transportation and extra nourishment and attendant charges.

9. A perusal of the record discloses that as per Ex.A2 i.e. attested copy of wound certificate issued by the Government hospital Kakinada which certifies that the petitioner had received one grievous injury and one simple injury and he took treatment for the said injuries from 08.08.2003 to 23.10.2003 and undergone operation. As per Ex.A5 and Ex.A7, the OP tickets pertaining to Government hospital, Nalgonda, which shows that the claim petitioner has taken treatment for the said injuries in the hospital from 28.11.2003 to 4.12.2003 and 11.10.2004 to 1.11.2004. Ex.A8 is the discharge ticket issued by Kadimi hospital which is a private hospital owned by PW3, which shows that he has taken treatment in the said hospital from 29.04.2005 to 6.05.2005. According to PW2, the doctor who treated the claim pe