HON’BLE SRI JUSTICE B.N.RAO NALLA C.M.A. No. 489 of 2003 DATED: 03.12.2010 Between: Mailaram Srinivas ..Appellant Vs. 1. Jasbir Singh 2. The Oriental Insurance Company Limited ………..Respondents JUDGMENT: This appeal is filed assailing the orders, dated 22.03.2002 passed in O.P.No.919 of 1998 by the Motor Accident Claims Tribunal (Additional District Judge) at Nizamabad, whereby the claim petition of the appellant/claimant was partly allowed, granting a total compensation of Rs.80,000/- with interest at 9% per annum, against his claim of Rs.2,00,000/- under all heads. The facts of the case in brief are that on 20.09.1998, the appellant/petitioner was travelling by a jeep bearing No.AP 25-E-3840, which was going from Armur towards Pochampad side, and when it reached the outskirts of Bussapoor Village, a lorry bearing No.DL-IG-A- 2595 driven by its driver in a rash and negligent manner, came from opposite direction at high speed and dashed against the jeep, as a result, the appellant/petitioner suffered fracture of left hand shoulder, injury to left cheek, fracture of back bone, injury to head and other parts of the body. He was treated at Armoor and Nizamabad hospitals. Hence, the claimant filed O.P. No.919 of 1998 seeking compensation of Rs.2,00,000/-. The learned counsel for the appellant has contended that the Tribunal erred in not considering the evidence of PW2 - medical witness - Orthopaedic Doctor, who treated the appellant for the injury suffered by him in the accident. He examined the appellant on 20.09.1998 and found the injuries as mentioned in Ex.A-4, namely, 1) fracture of right side Mandible 2) fracture of left Clavicle mid 3rd 3) fracture of both bones left fore-arm upper 3rd. It is further contended that as per the evidence of PW- 2, the appellant had suffered less than 30% permanent partial disability, but the Tribunal did not consider the evidence of PW-2 in proper perspective. Moreover, the appellant was treated as inpatient for about 20 days and spent huge amount, but the Tribunal failed to award any amount towards extra nourishment, attendant charges, and even transport charges during the course of treatment. It is the further case of the appellant that an amount of Rs.4,000/- awarded towards pain and suffering is on the lower side. On the other hand, the learned Standing Counsel for the 2nd respondent-Oriental Insurance Company submits that the Tribunal, after considering the nature of injuries suffered by the appellant, has granted Rs.50,000/- towards two fracture injuries and Rs.9,000/- towards three simple injuries; that the appellant, though claimed Rs.80,000/- towards medicines and extra nourishment, he field medical bills Exs.A-17 to A-28 for Rs.16,982-50, which was rounded of to Rs.17,000/-, and the same was granted by the Tribunal under the head of medicines. Therefore, it is contended that the Tribunal, after taking into consideration the nature of injuries, medical bills and considering other material on record, has awarded a total compensation of Rs.80,000/- and the same is just and reasonable, as such, it does not warrant any interference. Heard the learned counsel for the appellant, the learned Standing Counsel for the 2nd respondent-Oriental Insurance Company Limited and perused the material placed on record. From a careful analysis of the evidence on record, and having regard to the facts and circumstances of the case, it is obvious that according to the evidence of PW2 – Dr. G.Kaulaiah, the petitioner suffered less than 30% of permanent partial disability. PW1 also stated that he was treated as in-patient for 15 days i.e. from 20.09.1998 to 05.10.1998, and further two months as out-patient and underwent operation in PW2’s Nursing Home, who issued Ex.A4-medical certificate. Further, the injuries mentioned in Ex.A4 – medical certificate correspond to Ex.A2 – injury certificate, however, these facts are not disputed or contradicted by the respondents by any supporting material. But, the Tribunal did not consider these aspects and failed to award any amounts towards disability, transportation charges and extra nourishment. Hence, this Court deems it appropriate to award an amount of Rs.25,000/- towards medical expenses (other than medicines), an amount of Rs.30,000/- towards permanent disability, an amount of Rs.5,000/- towards extra nourishment and an amount of Rs.5,000/- towards transportation charges during the course treatment. Further, it seems that the Tribunal has awarded less amount towards pain and suffering, as such, this Court deems it appropriate to enhance the amount of Rs.4,000/- granted by the Tribunal to Rs.10,000/- towards pain and suffering. In all, the appellant- claimant is entitled to compensation of Rs.1,51,000/- (Rs.80,000/- (awarded by the Tribunal) + Rs.71,000/- (enhanced amount)). However, the interest at the rate of 9% awarded by the Tribunal is hereby reduced to 7.5% in view of the relevant decision rendered by the Supreme Court and other decisions in this regard. With the above modification of the impugned order dated 22.03.2002, this appeal is allowed in part. No order as to costs. _________________ B.N. RAO NALLA, J 03-12-2010 bcj