THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.428 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 5.11.2002, in O.P.No.218 of 1999, passed by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Ranga Reddy District, (for brevity “the Tribunal”), awarding a sum of Rs.25,000/- in all, as against the claim of Rs.3,00,000/- for the injuries sustained by the appellant in a motor accident that occurred on 14.9.1998 at 10-30 p.m., on the National Highway, near R.K.Puram Petrol Bunk, Hyderabad, due to the rash and negligent driving on the part of driver of the lorry, bearing registration No.AIK 1566, the present civil miscellaneous appeal has been preferred. 3. The appellant herein is the claimant, first respondent is the owner of the offending lorry and the second and third respondents are its insurers, in the O.P., before the Tribunal. 4. This is a case of injuries sustained by the claimant in the motor accident. The other particulars regarding the accident and the aspect of negligence are not referred to since not in dispute. 5. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.25,000/- towards compensation. Hence the present appeal. 6. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 7. Admittedly, the claimant received the following injuries in the accident. “(1) Multiple lacerated injury on face on right eye brow 2x1x½. (2) abrasion over mandible right side. (3) abrasion over left side of chest, contusion over right cheek. (4) Lacerated injury over palm 3 x 1 x 1.” Though the injuries are not serious in nature and do not cause any physical impairment, it is for this Court to see whether the claimant is entitled to any further enhancement of compensation. 8. In support of his claim, the claimant filed Ex.A-3 Medical Certificate issued by Yashoda Hospital; and Ex.A-4 containing a bunch of medical bills issued by the said hospital. Upon verification by this Court, the total amount of the bills under Ex.A-4 actually comes to Rs.24,100/-. But, the Tribunal did not make any mention about the total amount of expenditure under Ex.A-4. Therefore, I feel it appropriate to award a sum of Rs.25,000/- towards medical expenditure, instead of Rs.10,000/- as awarded by the Tribunal. 9. As regards the pain and suffering, though the injuries suffered by the claimant are not serious in nature, however, since the claimant underwent treatment for a good length of time, the trauma that he suffered from the injuries is also to be taken into consideration for the purpose of computing the compensation. Therefore, the Tribunal was right in assessing the pain and suffering while awarding the compensation of Rs.15,000/- towards pain and suffering. Therefore, in all, the claimant shall be entitled to a sum of Rs.40,000/-. 10. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.25,000/- to Rs.40,000/- (Rupees forty thousand only). The additional amount of Rs.15,000/- (Rupees fifteen thousand only) shall carry interest at 7.5 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 24.06.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.428 of 2003 24.06.2010 (Msr)