THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.2991 of 2000 ORAL JUDGMENT: Heard. 2. Aggrieved by the order and decree, dated 17.08.1996, passed by the I Additional District Judge-cum-Motor Accident Claims Tribunal, Nellore (for brevity “the Tribunal”), in O.P.No.304 of 1990, awarding a sum of Rs.52,000/- towards compensation for the injuries sustained by the petitioner therein in a road accident, the appellant-New India Assurance Company Limited has filed the present Civil Miscellaneous Appeal. 3. This is a case of injuries. The petitioner sustained serious injuries of fractures and multiple series of abrasions on various parts of the body. 4. The Tribunal, having regard to the facts and circumstances and basing on the evidence on record, awarded a sum of Rs.52,000/- as against the claim of Rs.40,000/-. 5. In fact, the learned Standing Counsel appearing for the appellant brought to the notice of this Court that in connected matters the amount has been restricted to the amount claimed by the claimants. But, in this case no such principle of restriction has been followed. 6. But, in strict sense, the Tribunal is at liberty to grant such changed sum than claimed. In the facts and circumstances of the case and in the interest of justice, having regard to the above position, I deem it inexpedient to interfere with the impugned award, passed by the Tribunal, particularly at this length of time. 7. For the foregoing, the Civil Miscellaneous Appeal fails and is liable to be dismissed. 8. In the result, the Civil Miscellaneous Appeal is dismissed. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA 15th July 2010 dr