HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1854 of 2003 ORAL JUDGMENT: Heard both sides. Not satisfied with the quantum of compensation awarded by I Additional District Judge-cum-Motor Accident Claims Tribunal, Srikakulam (for brevity “the Tribunal”), in M.V.O.P.No.27 of 1998, by order, dated 06.02.2003, awarding a sum of Rs.32,836/- towards compensation for the injuries suffered by the petitioner therein-claimant in a road accident that occurred on 16.06.1997, he filed the present Civil Miscellaneous Appeal. The particulars as regards the manner and method in which the accident occurred, the aspect of rash and negligence, etc., are not in dispute and hence, they are not referred to. The only question that falls for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is just and reasonable? The Tribunal having taken into account the evidence, both oral and documentary, on record, awarded a sum of Rs.32,836/- as compensation on all counts. But, what is to be seen is that the claimant suffered multiple fractures on the left hand bones and left leg. There is no rebuttal evidence in this regard on behalf of the respondents, except filing the xerox copy of the insurance policy under Ex.B-1. It is also not in serious dispute that the claimant was treated in a Government hospital at Srikakulam. Even without looking into any medical record, one can perceive the amount of agony suffered by the claimant as a result of the injuries. The Tribunal, of course, granted a sum of Rs.11,836/- towards medical expenses, extra nourishment, travelling charges and attendant charges, a sum of Rs.10,000/- towards partial permanent disability, further, Rs.5,000/- and Rs.1,000/- for the grievous and simple injuries, respectively and Rs.5,000/- towards mental agony, pain and suffering. In all, the compensation awarded by the Tribunal is Rs.32,836/-. It is the further case of the claimant that he was working as Fitter in Co-Operative Sugar Factory at Amadalavalasa and was drawing a salary of Rs.3,900/- per month. Due to the injuries sustained by him in the accident, he was unable to attend the normal duties. Therefore, he claimed an amount of Rs.74,000/- towards loss of past income, future income, livelihood and other amenities. Having regard to the facts and circumstances and also the nature of the injuries suffered by the claimant and the job he was doing, I deem it appropriate to enhance the amount of compensation awarded by the Tribunal by a further sum of Rs.20,000/-. In all, the claimant is entitled to a compensation of Rs.52,836/-. The enhanced compensation of Rs.20,000/- shall carry interest at the rate of 7.5% per annum from the date of filing of the said O.P. till the date of realization. The appeal is allowed in part to the extent indicated above. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 07th September 2010 dr