THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1236 of 2003 Date: 26-8-2010 Between National Insurance Company Ltd., Rep. by its Divisional Manager, Divisional Office, Ali Baig Street, Governorpet, Vijayawada, Krishna district … Appellant/Respondent No.3 and 1. Sykam Koti Nagulu … Respondent/Petitioner 2. Vemula Venkateswara Rao and another … Respondents/Respondents 1 and 2 THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1236 of 2003 Oral Judgment: Heard Sri G.Vishweshwar Reddy, learned Standing Counsel for the appellant-insurer and Sri Ravi Kumar Tolety, learned counsel for respondent No.1-claimant. 2. This appeal is filed by the insurer challenging the order and decree dated 22-11-2002 in M.V.O.P.No.440 of 1999 passed by the Motor Vehicles Accident Claims Tribunal cum V Additional District Judge, Vijayawada, Krishna district in awarding a sum of Rs.93,000/- towards compensation to the claimant as against the claim of Rs.2,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 18-6-1996 due to the rash and negligent driving on the part of driver of lorry (respondent No.2 herein) bearing No.ATK-9995, owned by respondent No.3. 3. It is the contention of the learned Standing Counsel for the insurer that the injuries suffered by the claimant are simple in nature, therefore the total amount of Rs.93,000/- awarded by the Tribunal as compensation is highly excessive. 4. From the impugned order, it could be seen that the claimant initially stated about the injuries in a different way, but, as per Ex.A-2 wound certificate, the injuries received by him are different. In other words, there is deviation in the stands of the claimant so far as the injuries are concerned. The said deviation cannot be appreciated. 5. However, the fact remains that the claimant received injuries in the accident, as could be seen from Ex.A-2, which reveals that the claimant suffered four fracture injuries. 6. Therefore, having regard to the facts and circumstances, I feel it expedient to reduce the compensation for ‘pain and suffering’ to a sum of Rs.70,000/- instead of Rs.80,000/-. The amounts granted under other headings viz., medical expenses and extra nourishment for a sum of Rs.10,000/- and Rs.3,000/-, respectively, shall remain unaltered. Hence, the total amount of compensation would be reduced to Rs.83,000/- (Rupees eighty three thousand only). Furthermore, the rate of interest awarded by the Tribunal on the total amount of compensation at 9% per annum also is slightly excessive. Accordingly, the said rate of interest is reduced to 7.5% per annum from the date of petition till realization. 7. In the result, the civil miscellaneous appeal is allowed in part. Parties to bear respective costs. ________________________ JUSTICE D.S.R.VARMA 26th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1236 of 2003 26th August, 2010. (Ak)