THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL MISCELLANEOUS APPEAL No.3836 of 2004 JUDGMENT: This appeal is filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 (for brevity the ‘the Act’) seeking to enhance the compensation awarded in O.P.No.126 of 1999 on the file of the Motor Accident Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad (for brevity ‘the Tribunal) by the order, dated 06.11.2001, whereunder a sum of Rs.7,500/- was awarded as compensation for the injuries suffered by him in a motor vehicle accident, as against the claim of Rs.1,00,000/-. The facts of the case shorn of unnecessary details are that on 24.06.1998, at about 12.15 pm., when the claimant was going on his motor cycle bearing No.AP.10.H.8719 from the Divisional Office of S.C.Railway towards Mettuguda and when he reached opposite to Rail Nilayam, the car bearing No.AEO 1819 coming from his back, driven by its driver in a rash and negligent manner in a high speed dashed him, as a result, he fell down and sustained fractures and grievous injuries. Later, he was shifted to Railway Hospital, Lalaguda and was treated as inpatient. To prove the case, on behalf of the claimant, the claimant got himself examined as P.W-1 and marked Exs.A-1 to A-5. On behalf of the insurer, Ex.B-1-copy of the insurance policy was marked and none was examined. The Tribunal, after considering the entire evidence, both oral and documentary, on record held that the accident occurred due to the rash and negligent driving by the driver of the offending car. Heard learned counsel for the appellant-claimant and learned Standing counsel for the third respondent-insurance company. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is just and reasonable. A perusal of the exhibits marked on behalf of the claimant goes to show that the claimant filed Ex.A-4-medical bills five in number showing the amount incurred by him towards the treatment of the injuries. The claimant has not chosen to file and mark the wound certificate issued by the doctor, who is said to have treated him as inpatient in a private hospital, as regards the injuries sustained by him. However, an injury certificate issued by the Railway Medical Officer is marked to the effect that the appellant sustained a grievous injury. When the occurrence of the accident is proved, only on that lacuna, the case of the claimant cannot be brushed aside and he cannot be deprived of the benefit of being compensated for the injuries sustained by him in the said accident. In that view of the matter, I deem it appropriate to enhance the compensation awarded by the Tribunal from Rs.7,500/- to Rs.15,000/-. However, having regard to the facts and circumstances, I am of the opinion that the rate of interest awarded by the Tribunal is slightly on higher side and also in view of the judgment of the Apex Court in Sarla Verma Vs. Delhi Transport Corporation[1], the same is reduced from 9% to 7 % per annum from the date of filing of the claim petition till the date of realization. Accordingly, the appeal is allowed in part, enhancing the compensation from Rs.7,500/- to Rs.15,000/-. The enhanced compensation shall carry interest at the rate of 7% per annum from the date of filing of the said O.P. till the date of realization. However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 09th December 2010 dr [1] (2009) 6 SCC 121