THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1417 of 2003 Date: 30.09.2010 Between : Pagilla Krishna (Chikali) Pagilla Krishna … Appellant And Pyaroo and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1417 of 2003 ORAL JUDGMENT: Heard learned counsel for the appellant-claimant as well as the learned Standing Counsel for the 2nd respondent-United India Insurance Company Limited. 2. Aggrieved by the order and decree, dated 28.9.2002, in O.P.No.1403 of 2000, passed by the Chairman, Motor Accident Claims Tribunal (Principal District Judge), Nalgonda (for brevity “the Tribunal”), awarding a sum of Rs.40,000/- towards compensation as against the claim of Rs.1,50,000/- for the injuries sustained by the appellant-claimant in the motor accident that occurred on 05.10.2000, due to the rash and negligent driving on the part of driver of the lorry, bearing registration No.CAS 7585, the present civil miscellaneous appeal has been preferred. 3. This is a case of injuries sustained by the claimant in a motor accident. The particulars regarding the method and the manner in which the accident had occurred and also the aspect of negligence are not referred to since not in dispute. The Tribunal, after appreciating the evidence on record, both oral and documentary, and also taking into consideration the nature of injuries the sustained by the claimant, awarded a total sum of Rs.40,000/- towards compensation. Having not satisfied with the same, the claimant has preferred the present appeal. 4. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 5. As per the evidence on record, the claimant suffered injuries and took treatment in the Hospital for 15 days. In order to substantiate the same, he filed Exs.A-3 O.P. Ticket, Ex.A-4 Physically Handicapped Certificate and Ex.A-6 O.P. Ticket of Aware Hospital. Ex.A-3 is the important document, which shows that the claimant suffered fracture of right fore arm, commuted fracture of both bones of metacarpal. He was said to be in Hospital from 6.10.2000 to 21.10.2000. The O.P. Ticket shows that the injury has healed well and the C.T. scanning report does not show anything extraordinary or any disease. Therefore, having taking into account the facts and the evidence on record, the Tribunal had rightly awarded a total sum of Rs.40,000/- towards compensation. However, since the claimant suffered fracture injuries and took treatment in the hospital for a considerable period, I deem it appropriate to enhance the amount of compensation towards pain and suffering by Rs.10,000/- more. Thus, the claimant is entitled to a total compensation of Rs.50,000/-. 8. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.40,000/- to Rs.50,000/- (Rupees fifty thousand only). The additional amount of Rs.10,000/- (Rupees ten thousand only) shall carry interest at 7% per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects, the order passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 30.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1417 of 2003 30.09.2010 (Msr)