THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.4372 of 2003 ORAL JUDGMENT: Heard both sides. Challenging the quantum of compensation awarded by the District Judge-cum-Motor Accident Claims Tribunal, Nizamabad (for brevity “the Tribunal”), in O.P.No.373 of 1998, by the order, dated 15.04.2002, wherein and whereunder a sum of Rs.2,00,000/-, was awarded as compensation for the injuries sustained by the petitioner therein, in a road accident that occurred on 28.09.1997, the Oriental Insurance Company Limited filed the present Civil Miscellaneous Appeal. The particulars of the accident i.e., the method and manner in which it occurred and the aspect of negligence etc., are not in dispute and hence, they are not referred to. However, there is controversy about the nature of injuries suffered by the claimant and the estimation of disability. It is the contention of the learned Standing Counsel appearing for the appellant-insurer that the doctor, who issued the wound certificate to the claimant, was not examined. On the contrary, another doctor was examined, in order to explain the extent of disability suffered by the claimant, who assessed the disability suffered by the claimant at 60%. However, the Tribunal assessed the disability suffered by the claimant as 30% only. The claimant sustained fracture of both bones of left leg with stiffness of the knee joint, which are not serious in nature. Hence, having regard to the various other circumstances and the nature of the injuries suffered by the claimant, I feel it appropriate to fix the compensation at Rs.1,25,000/- in all. In the result, the appeal is allowed in part as indicated above, setting aside the impugned order. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 12th August 2010 dr