THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2294 of 2003 And Cross-Objections (SR).No.81143 of 2003 ORAL COMMON JUDGMENT: Heard both sides. Challenging the order and decree, dated 01.04.2002, passed by the District Judge-cum-Motor Accident Claims Tribunal, Nizamabad, (for short ‘the Tribunal’) in O.P.No.1125 of 1998, awarding a sum of Rs.1,40,000/-, towards compensation for the injuries sustained by the petitioner therein-claimant, in a road accident that occurred on 02.01.1998, involving a lorry bearing No.APJ 4443, the New India Assurance Company Limited filed the present Civil Miscellaneous Appeal. The claimant dissatisfied with the quantum of compensation awarded in the said O.P. filed the present Cross-Objections seeking to enhance the compensation awarded by the Tribunal. This is a case, where the claimant sustained fracture of right leg, head injury, injury on left leg and on both hands, apart from other multiple and grievous injuries. The tribunal having regard to the facts and circumstances of the case, particularly in the light of the documentary and oral evidence on record, awarded a sum of Rs.1,00,000/- as compensation for the disability, Rs.25,000/- towards pain and suffering, Rs.5,000/- towards medicines, Rs.10,000/- towards transportation to the hospital and extra-nourishment and in all a sum of Rs.1,40,000/- was awarded as compensation. Learned Standing counsel for the appellant-insurer contended that the compensation awarded by the Tribunal is on higher side; that the Tribunal did not apply the multiplied method for computing the compensation and that awarding a sum of Rs.25,000/- towards pain and suffering is excessive and unreasonable and prayed to allow the appeal. In the instant case, the injuries sustained by the claimant i.e., fracture of right leg, head injury, etc, are serious in nature. As per the medical evidence, the claimant sustained multiple fractures on the right leg. Initially, he underwent treatment in a private hospital at Nizamabad for three days and thereafter, he was treated as inpatient in Government Hospital, Nizamabad, for a period of about 25 days, and subsequently also, he was visiting the hospital periodically for treatment. He underwent another surgery for the removal of the rods that were inserted to his right leg and as a result of the said injuries, the claimant has incurred disability feeling, reeling sensation, giddiness and was not able to walk properly and work. Further, Ex.A-4-disability certificate was issued by the Doctor opining that the claimant suffered 65% partial permanent disability. Hence, I do not find any reason to sustain the submissions of the learned Standing Counsel for the insurer. In the above circumstances, particularly when the claimant underwent prolonged treatment in the hospital and was visiting the hospital quite often subsequent thereto and also underwent another surgery to get the implanted rods removed, I am of the view that the compensation awarded by the Tribunal towards permanent disability to an extent of 65% is slightly inadequate and therefore, the same is enhanced by Rs.10,000/- more, towards pain and suffering also, I feel it appropriate to enhance the same by Rs.5,000/- and towards medical expenses, I feel it expedient to enhance the amount by Rs.5,000/-. In all, the compensation awarded by the Tribunal is enhanced by Rs.20,000/-. In that view of the matter, the claimant is entitled to a total compensation of Rs.1,60,000/-. The enhanced amount of Rs.20,000/- shall carry interest at the rate of 7% per annum from the date of filing of the petition till the date of realization. In the result, the appeal is dismissed and the Cross- Objections are allowed in part to the extent indicated above. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 05th August 2010 dr