HON’BLE SRI JUSTICE GHULAM MOHAMMED MA C.M.A.No. 1481 OF 2003 JUDGMENT: Claimant is the appellant, who filed the appeal challenging the award and decree passed in MVOP No. 1418 of 2000 dated 05.10.2002 on the file of the Motor Accidents Claims Tribunal (District Judge), Nalgonda, filed under Section 166 of the Motor Vehicles Act, claiming a compensation of Rs. 90,000/-. The brief facts of the case are as follows: On 25.10.2000, when the claimant was going to Hyderabad in the lorry bearing No. AP-9V-9936, the lorry bearing No. ADT-7837 came in a rash and negligent manner dashed against the lorry and as a result of which, the claimant received multiple injuries and he was treated at Osmania General Hospital, Hyderabad. Hence the claimant filed the claim petition before the Tribunal claiming compensation of Rs. 90,000/-. To prove the claim of the claimant, the claimant himself was examined as PW-1 and marked Exs A1 to A8 and on behalf of the respondents, owner and Insurance Company no oral or documentary evidence was adduced and no documents were marked. On consideration of the oral and documentary evidence, the Tribunal came to the conclusion that since the accident occurred due to rash and negligent driving of the driver of the accident lorry, the respondents 1 and 2 being owner and insurer respectively of the lorry, are jointly and severally liable to pay the compensation to the claimant. The Tribunal taking into consideration of Ex. A3 medico legal record and Ex. A4 discharge card stating that the claimant was received a crush injury to left hand and one injury to chest, granted a sum of Rs. 15,000/- as compensation and Rs. 5,000/- towards medical expenses totaling a sum of Rs. 20,000/-. The learned counsel appearing for the claimant contended that the Tribunal ought to have awarded the entire compensation claimed and the Tribunal ought to have granted interest at 18% per annum. Heard the learned counsel appearing for both sides and also perused the material made available on record. As seen from the record, it is no doubt true that the accident occurred due to rash and negligent driving of driver of crime lorry. According to the claimant, he sustained crush injury to left hand and one injury to chest. But the injury certificate does not show fracture of bones as contained in the discharge ticket Ex A4. As seen from Ex. A6, bunch of medical bills, the claimant spent considerable amount for the injuries he sustained. The Supreme Court in HARDEO KAUR VS. RAJASTHAN STATE TRANSPORT CORPORATION[1] held that the determination of compensation in respect of injury cases must be liberal. The relevant portion of the same reads as under: “the determination of compensation in respect of injury cases must be liberal and the amount of compensation so awarded should not be niggardly and at the same not a wind fall as a profit making venture through the Tribunals or Courts. When the compensation is awarded by the Courts and Tribunals even the tort feasor should feel that he is atoned for the sin committed by him in committing the accident robbing the precious life of a human being and injuring the innocent person for no fault of his and the guidelines from such precedents is only to emphasize that if there are two precedents dealing with the same question of assessing the compensation, the one which has adopted a liberal approach should be preferred than the one which has adopted the conservative approach.” Following the above judgment, the compensation awarded by the Tribunal is enhanced from Rs. 20,000/- to Rs. 50,000/-. However, as rightly pointed out by the learned counsel for the second respondent-Insurance Company, in view of catena of decisions of the Apex Court interest awarded by the Tribunal has to be reduced to 7% per annum. Accordingly, the Civil Miscellaneous Appeal is allowed enhancing the compensation from Rs. 20,000/- to Rs. 50,000/- and reducing the interest rate awarded by the Tribunal from 9% to 7% per annum. There shall be no order as to costs. _____________________ GHULAM MOHAMMED, J Date: 15.07.2010 KA [1] AIR 1992 SC 1261