THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1290 of 2003 Date: 30.09.2010 Between: K. Bharathamma and another. … Appellants and Sagiraju Vijaya Ramaraju and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1290 of 2003 ORAL JUDGMENT: Heard learned counsel appearing for the appellant-claimant as well as the learned Standing Counsel appearing for respondent No.2- Oriental Insurance Company Limited. 2. Aggrieved by the judgment and decree, dated 25.09.2002, in O.P.No.949 of 1999, passed by the II Additional Chief Judge, City Civil Court, Hyderabad (for brevity “the Tribunal”), awarding a sum of Rs.1,00,000/-, as against the claim of Rs.2,00,000/- for the injuries sustained by the claimant in a motor accident that occurred on 31.5.1999, due to the rash and negligent driving on the part of driver of the car, bearing registration No.AP 37K 567, the present civil miscellaneous appeal has been preferred by the appellant-claimant in the O.P. 3. This is a case of injuries sustained by the claimant in a road accident. 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 entire evidence on record, both oral and documentary, awarded a lumpsum amount of Rs.1,00,000/- towards compensation on all counts. Hence, the present appeal by the claimant. 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 the claimant suffered serious head injury and P.W.2 Doctor, who treated the claimant in C.D.R. Hospital, deposed that the claimant sustained fracture of right frontal bone with cerebral oedema and she was complaining frequent headache, giddiness and forgetfulness and that Exs.A-4 to A-6, which are discharge summary and outpatient card, respectively, were issued by C.D.R. Hospital. P.W.2 further deposed that he examined the claimant and found that her thought process was slow and there was partial weakness in right lower limb and she could not perform her day-today activities with full ability. But, during the course of cross-examination, P.W.2 deposed that he did not treat the claimant and the claimant is having occasional headache and giddiness, which may or may not relate to the accident. However, Exs.A-4 and A-6 would show that the claimant sustained grievous head injury for which she had to undergo treatment as inpatient by incurring considerable expenditure of Rs.41,330/- as evidenced from Ex.A-5. 6. Having regard to the facts and circumstances, I am of the view that the injuries suffered by the claimant are grievous in nature and she was not able to perform her regular duties with usual and full efficiency as she used to do prior to the accident. Therefore, I deem it appropriate to enhance the compensation by a sum of Rs.10,000/- (Rupees ten thousand only) more, which shall carry interest at the rate of 7% per annum. 7. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.1,00,000/- to Rs.1,10,000/- (Rupees one lakh ten thousand only). The additional amount of Rs.10,000/- (Rupees ten thousand only) shall carry interest at 7% per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects, the judgment 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.1290 of 2003 30.09.2010 (Msr)