THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1450 of 2003 Date: 09.09.2010 Between: V. Madhusudhan Rao … Appellant and G.Venkateshwar Rao and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1450 of 2003 ORAL JUDGMENT: Heard learned counsel appearing for the appellant-claimant as well as the learned Standing Counsel for the 2nd respondent-National Insurance Company Limited. 2. Aggrieved by the Award and decree, dated 13.9.2002, in O.P.No.1229 of 2001, passed by the Chief Judge, City Civil Court, Hyderabad, awarding a sum of Rs.81,438/- towards compensation as against the claim of Rs.2,25,000/- for the injuries sustained by the claimant in the accident that occurred on 19.7.2000, due to the rash and negligent driving on the part of driver of the seven seater auto, bearing registration No.AP 9W 2004, the present civil miscellaneous appeal has been preferred by the claimant. 3. The appellant herein is the claimant, first respondent is the owner of the offending auto and the second respondent is its insurer. 4. This is a case of injuries sustained by the claimant in the motor accident. The particulars regarding the method and manner in which the accident had occurred and also the aspect of negligence are not referred to since not in dispute. The Court below, after appreciating the evidence on record, both oral and documentary, awarded a total sum of Rs.81,438/- towards compensation on all counts. Hence the present appeal. 5. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 6. It is to be seen that P.W.3 the doctor, who treated the claimant, deposed that there is a disability of 40% because of shortening of left leg. I am of the view that by virtue of the fracture suffered by the claimant, obviously, there would be some amount of pain and suffering. Further, the disability cannot simply be estimated in terms of physical deficiency as estimated by the doctor. The actual disability has to be estimated in terms of the earning capacity etc. The claimant is working as a Lab Assistant. Though the limping because of the shortening of leg does not hamper the duties of the claimant, still such a deficiency, which is to be carried by the claimant all through his life, would certainly cause great amount of agony. Therefore, I feel it just and reasonable to enhance the amount of compensation by a further sum of Rs.10,000/-. Thus, the claimant is entitled to a total compensation of Rs.91,438/- on all counts. 7. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.81,438/- to Rs.91,438/- (Rupees ninety one thousand four hundred and thirty eight only). The additional amount of Rs.10,000/- (Rupees ten thousand only) shall carry interest at 7.5% per annum from the date of filing of the O.P. before the Court below, till realization. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 09.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1450 of 2003 09.09.2010 (Msr)