THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL MISCELLANEOUS APPEAL No.3059 of 2003 Dated 27th January, 2011 Between: Ramavath Raja …Appellant And Mohammed Mahaboob Ali and another …Respondents Counsel for the Appellant: Sri M. Srinivas Reddy Counsel for respondent No.1: -- Counsel for respondent No.2: Smt. P.S. Manjula Kumari The Court made the following: JUDGMENT: This civil miscellaneous appeal arises out of the award dated 25.02.2002 in O.P.No.330 of 1999 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Nalgonda (for short ‘the Tribunal’). The petitioner in the O.P. is the appellant in this appeal. This appeal is filed partly aggrieved by the order passed in the O.P., whereby the Tribunal has awarded a sum of Rs.5,000/- towards injuries received by the appellant as against his claim of Rs.75,000/-. Since the quantum alone is in dispute, it is not necessary to refer to the manner in which the accident has occurred. On the strength of the finding that the accident occurred due to the rash and negligent driving of the lorry bearing No. ADM 3247, the Tribunal has assessed the quantum of compensation. On the basis of Ex.A-3 – wound certificate, the Tribunal found that the two injuries received by the appellant are simple in nature and has accordingly awarded a sum of Rs.5,000/- as compensation. The learned counsel for the appellant has stated that the Tribunal has committed a grievous error in ignoring Ex.A-6 – bunch of medical bills, which shows that the appellant has incurred an expenditure of about Rs.25,000/-. A perusal of the impugned order shows that the Tribunal has not considered Ex.A-6 – the bunch of medical bills. While going through the medical bills, I find that except one bill, they do not contain any date on which they were issued. The medical bill dated 26.03.1999 purportedly issued by Jyothi Hospitals shows that a sum of Rs.1,575/- at the rate of Rs.225/- per day for seven days was collected towards room rent, Rs.1,500/- was collected towards Doctor’s fee and Rs.3,640/- was collected for medicines. As rightly pointed out by the learned counsel for respondent No.2, it is not the case of the appellant that he was ever admitted in Jyothi Hospitals and that all through it was his case that he was initially admitted in Government Hospital, Miryalaguda and later in Navodaya Hospital, Miryalaguda. Therefore, this admitted fact situation creates a serious doubt on the genuineness of this medical bill. But taking into consideration the fact that the appellant suffered injuries, which would have required purchase of medicines as a part of treatment, the Tribunal ought to have awarded a reasonable sum towards medical expenses. In the facts of the case and having regard to the nature of the injuries, I feel that it is reasonable to award a sum of Rs.5,000/- towards medical expenses. Accordingly, the award of the Tribunal is modified by holding that the appellant is entitled to a further sum of Rs.5,000/- in addition to the amount already awarded by the Tribunal. This additional amount of Rs.5,000/- shall carry interest at 7.5% per annum from the date of the O.P. till realisation. Subject to the above modification, the C.M.A. is partly allowed. ________________________ C.V.NAGARJUNA REDDY, J 27th January, 2011 GHN