THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1035 of 2003 Date: 12.8.2010 Between: M.K.N. Suresh … Appellants and Mr. Syed Ghouse and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1035 of 2003 ORAL JUDGMENT: Heard learned counsel for the appellant-claimant as well as the learned Standing Counsel for 2nd respondent-United India Insurance Company Limited. 2. Aggrieved by the order and decree, dated 23.7.2002, in O.P.No.5 of 2001, passed by the I Additional Chief Judge, City Civil Court, Secunderabad (for brevity “the Tribunal”), awarding a sum of Rs.30,000/- towards compensation as against the claim of Rs.2,00,000/- for the injuries sustained by the appellant-claimant in a road accident that occurred on 20.3.2000, due to the rash and negligent driving on the part of driver of the car, bearing registration No.AIL 8375, the present civil miscellaneous appeal has been preferred by the claimant. 3. This is a case of injuries sustained by the claimant in a road accident. The other particulars regarding the method and the manner in which the accident had occurred and also the aspect of negligence are not referred to since already on record. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a meager sum of Rs.30,000/- in all towards compensation. Hence 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. It is to be seen that as per Ex.A-3 treatment certificate issued by the Superintendent of Gandhi Hospital, the claimant suffered fracture of the right femur and also fracture of both bones of the right leg. Therefore, keeping in view the nature of the injuries suffered by the claimant, the Tribunal had awarded a sum of Rs.15,000/- towards pain and suffering. In my considered view, the said amount is very low. When the medical evidence shows that the claimant suffered fracture of right femur and also fracture of both bones of the right leg, the pain and suffering would naturally be more than what has been estimated by the Tribunal. Therefore, I deem it appropriate to fix the amount under the heading ‘pain and suffering’ at Rs.25,000/-. 6. Coming to the medical expenses, basing on Ex.A-5 medical bills, the Tribunal awarded a sum of Rs.10,000/- only towards medicines and treatment, which in my considered view is very low. Admittedly, when the claimant suffered two major fracture injuries, the expenditure incurred towards treatment would be more than Rs.10,000/-. Therefore, I deem it appropriate to enhance the same by Rs.5,000/- more towards medicines and treatment. 7. Even the amount of Rs.5,000/- awarded by the Tribunal under the head ‘past loss’ is also very low. Therefore, I deem it appropriate to enhance the same by Rs.5,000/- more. 8. Thus, the total amount of compensation payable to the appellant-claimant comes to Rs.50,000/- (Rs.25,000/- towards pain and suffering, Rs.15,000/- towards medicines and treatment, and Rs.10,000/- towards past loss) instead of the amount of Rs.30,000/- as awarded by the Tribunal. 9. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.30,000/- to Rs.50,000/- (Rupees fifty thousand only). The additional amount of Rs.20,000/- (Rupees twenty thousand only) shall carry interest at 6.5 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 12.08.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1035 of 2003 12.08.2010 (Msr)