THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.163 OF 2002 DATED 24-6-2010 Betweeen: 1. New India Assurance Company Ltd., & 1. Mirza Dhilavar Ali Baig & another THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.163 OF 2002 JUDGMENT: This appeal is filed by the New India Assurance Company Limited aggrieved by the award dated 17-07-1990 passed in OP No.209 of 1987 by the Motor Accidents Claims Tribunal-cum-District Judge, Mahabubnagar. The claimant-1st respondent herein filed the above OP seeking compensation of Rs.50,000/- for the injuries sustained by him in the motor accident involving the accident bus bearing registration No.ATT 2677 on 22-6-1987. 2. The case of the claimant was that on the fateful day he was travelling in the accident bus as its controller and the driver of the accident bus drove the bus in a rash and negligent manner with high speed and dashed against the local lorry bearing no.CAM 2039 at NH No.7, due to the impact of the same, he sustained multiple injuries and was immediately shifted to Kurnool Government General Hospital for treatment. That the claimant incurred expenditure for his treatment as such he made a claim for Rs.50,000/-. 3. The Tribunal, by the impugned order allowed the OP in part and awarded a sum of Rs.20,000/- with interest at 12% per annum from the date of petition till realization. 4. Heard the learned counsel for the appellant-insurance company and the learned counsel for the respondents. Perused the impugned award passed by the Tribunal. 5. It is not in dispute that the claimant sustained injuries in the accident involving the accident bus bearing registration No.ATT 2677. As to the culpability in causing the accident, it has come in the evidence of the claimant that when he was travelling in the said bus as its controller, the driver drove the bus in rash and negligent manner and dashed the local lorry bearing no.CAM 2039, as result of the same, he sustained grievous injuries and that finding arrived at by the Tribunal, in the absence of any rebuttal evidence adduced by the respondents, does not warrant any interference by this Court. 6. Now coming to the question of award of just compensation, to prove the nature of injuries, the claimant examined PW-3 Neuro Surgeon, Government Hospital, Kurnool, who deposed that the claimant was subjected to operation and he did the operation by making two holes in temporal region on right side and left side and on opening blood stained cerebral spinal fluid gushed out under pressure, brain was feebly pulsating after evacuation of subdural hygroma and he was discharged on 17-7-1987. That there was fracture of lower jaw for which he was referred to Dental Surgeon. It has come in the evidence of PW-1-claimant that he was earning Rs.1,200/- per month besides Rs.50/- towards batta. It is not in dispute that as on the date of the accident, the claimant was working as controller in the accident bus and, therefore, there is no reason for disbelieving his version. The Tribunal considering the nature injuries sustained by him and also in the light of the evidence of PW-3, awarded a sum of Rs.15,000/- towards pain and suffering and Rs.5,000/- towards medical expenses, totalling to Rs.20,000/-, which in the facts and circumstances of the case cannot be said to be excessive and accordingly the appeal filed by the insurance company is dismissed. However, the rate of interest granted by the Tribunal is reduced from 12% per annum to 7.0 % per annum from the date of petition till realization. No costs. _____________________ Ghulam Mohammed, J Dated 24-6-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.163 OF 2002 24-6-2010