THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1045 of 2003 Date: 19.08.2010 Between: A. Ramesh … Appellant and Mohammed and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1045 of 2003 ORAL JUDGMENT: Heard learned counsel for the appellant-claimant as well as the learned Standing Counsel for 2nd respondent-National Insurance Company Limited. 2. Aggrieved by the Award and decree, dated 28.8.2002, in O.P.No.1892 of 2000, passed by the Chief Judge, City Civil Court, Hyderabad (for brevity “the Tribunal”), awarding a sum of Rs.38,000/- in all, as against the claim of Rs.1,50,000/- for the injuries sustained by the appellant-claimant in a road accident that occurred on 5.8.2000 at 9-00 a.m., due to the rash and negligent driving on the part of the driver of the auto, bearing No.ABT 9601, the present civil miscellaneous appeal has been preferred. 3. The appellant herein is the claimant, first respondent is the owner of the offending vehicle and second respondent is its insurer. 4. 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 the aspect of negligence are not referred to since not in dispute. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a total sum of Rs.38,000/- towards compensation. Hence the present appeal by the claimant. 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. The injuries suffered by the claimant are contusion over the right knee joint, contusion over right fore arm and fracture of right knee. As per the evidence of the doctor, who was examined as P.W.3, the claimant was operated and was hospitalized for a considerable period. P.W.3 also deposed that Ex.A-9 disability certificate was issued by the Medical Board, to which he is a member, as per which the claimant suffered 45% partial permanent disability. Further, it is to be noted that fracture makes all the difference. Therefore, having considered all these aspects, though the Tribunal had fixed the compensation at Rs.38,000/-, I am of the considered view that ends of justice would be met if the total amount of compensation is fixed at Rs.60,000/- on all counts. 7. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.38,000/- to Rs.60,000/- (Rupees sixty thousand only). The additional amount of Rs.22,000/- (Rupees twenty two thousand only) shall carry interest at 7.5 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects, the Award passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 19.08.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1045 of 2003 19.08.2010 (Msr)