THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2000 of 2003 Date: 30.09.2010 Between : Gogula Yellamma … Appellant And Arunodaya Agro Agencies and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2000 of 2003 ORAL JUDGMENT: Heard learned counsel for the appellant-claimant as well as the learned Standing Counsel for the 2nd respondent-Oriental Insurance Company Limited. 2. Aggrieved by the order and decree, dated 24.6.2002, in O.P.No.1031 of 2000, passed by the Chairman, Motor Accident Claims Tribunal (District Judge), Nalgonda (for brevity “the Tribunal”), awarding a sum of Rs.10,000/- towards compensation as against the claim of Rs.60,000/- for the injuries sustained by the appellant- claimant in a motor accident that occurred on 24.2.2000, due to the rash and negligent driving on the part of the driver of a Tractor, bearing registration No.AP 24D 6374, the present civil miscellaneous appeal has been preferred. 3. This is a case of injuries sustained by the claimant in a motor accident. The particulars regarding the method and the manner in which the accident had occurred and also the aspect of negligence are not referred to since not in dispute. The Tribunal, after appreciating the evidence on record, both oral and documentary, and also taking into consideration the nature of injuries sustained by the claimant, awarded a sum of Rs.10,000/- towards compensation. Having not satisfied with the same, the claimant has preferred the present appeal. 4. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 5. As per the evidence on record, it could be seen that Ex.A-3 xerox copy of the medical certificate is the only document, which appears to be relevant, which shows that the claimant suffered 3 simple injuries, for which the Tribunal, having assessed the evidence on record, had rightly awarded a sum of Rs.10,000/- towards compensation. Though some other documents were also filed, they are not much useful for the purpose of the present case. Though the learned counsel for the claimant contends that the claimant took treatment in the hospital for a considerable period of 45 days, there is no positive proof in this regard. It is rather incomprehensible as to why the claimant would remain in hospital for 45 days for such simple injuries. However, keeping in view the injuries suffered by the claimant, I deem it appropriate to enhance the amount of compensation by Rs.5,000/- more. Thus, the claimant is entitled to a total compensation of Rs.15,000/-. 6. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.10,000/- to Rs.15,000/- (Rupees fifteen thousand only). The additional amount of Rs.5,000/- (Rupees five thousand only) shall carry interest at 7.5% per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects, the order passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 30.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2000 of 2003 30.09.2010 (Msr)