HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL MISCELLANEOUS APPEAL No.3790 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal is filed by the claimant against the order dated 11-06-2003 in O.P. No.169 of 2002 passed by the learned Chairman, Motor Accidents Claims Tribunal – cum – IV Additional Chief Judge, City Civil Court, Hyderabad, seeking enhanced compensation. 2. The case of the claimant is that on 19-11-2001 at about 3-30 PM while he was going on his motorcycle bearing No.AIF – 1233 from Ramayampet towards Kamareddy, on the outskirts of Kamareddy, scooter bearing No.AP23 – D - 2790 driven by its driver in a rash and negligent manner and at a high speed, on the process of overtaking another motorcycle, lost control over the scooter and dashed his motorcycle. As a result, the claimant fell down and sustained grievous injuries. He underwent treatment in C.D.R. Hospital, Hyderabad and he was operated for the fractures of both nasal bones and certain plates were fixed in his nasal bones. He spent huge amount for treatment. Hence, he claimed compensation of Rs.3,00,000/-. 3. Respondent Nos.1 and 2, owner of the scooter and insurance company, filed their counters denying the case of the claimant. 4. Based on the pleadings, the following issues were framed by the Tribunal: 1. Whether the petitioner sustained injuries in the motor accident, that took place on 19-11-2001 at 3-30 P.M. near Inspection bunglow, Kamareddy, due to rash and negligent driving of the scooter bearing No.AP23 – D -2790 ? 2. Whether the petitioner is entitled for compensation and if so to what amount and from whom ? 3. To what relief ? 5. To prove his claim, the claimant got examined himself as PW.1 and the medical officer as PW.2 and got marked Exs.A-1 to A- 16. On behalf of the respondents, no oral evidence was adduced, but insurance policy was marked as Ex.B-1. 6. Based on the evidence of the claimant as PW.1 and the medical officer as PW.2 and the other documentary evidence on record, the Tribunal awarded compensation of Rs.1,50,000/-, which includes Rs.50,000/- towards fracture injuries, Rs.10,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities and Rs.80,000/- towards medical expenses, as a medical bill for Rs.70,650/- was produced from CDR Hospital, where he underwent treatment. Aggrieved of the quantum of compensation, claimant filed this appeal seeking enhancement of the compensation. 7. Heard the learned counsel for the claimant and the learned counsel for respondent No.2 – United India Insurance Company Limited and perused the material on record. 8. PWs.1 and 2, the claimant and the medical officer who treated the claimant, have spoken about the injuries sustained by the claimant and PW.2 has spoken about PW.1 undergoing surgery for nasal bones and fixation of steel plates with screws etc. 9. The contention of the learned counsel for the claimant is that the compensation awarded is not commensurate with the injuries suffered by the claimant. 10. The contention of the learned counsel for the insurance company – respondent No.2 is that in fact, compensation awarded by the Tribunal is excessive. 11. As far as the amounts of Rs.80,000/- awarded towards medical expenses, Rs.10,000/- towards pain and suffering and Rs.10,000/- towards loss of amenities are concerned, they cannot be said to be inappropriate. 12. The only question that arises for consideration is whether the claimant can be awarded any enhanced compensation for the head injury and fracture of nasal bones, for which an amount of Rs.50,000/- is awarded by the Tribunal ? 13. It is a case of the claimant suffering a serious head injury, fracture of both nasal bones and there was surgery, fixation of steel plates with screws and necessity of treatment by plastic surgeon etc. The head injury suffered by the claimant would create constant inconvenience to him through out his life. 14. In the circumstances, compensation awarded by the Tribunal towards head injury and fracture of nasal bones can be enhanced by Rs.20,000/- and accordingly it is enhanced to Rs.70,000/- from Rs.50,000/-. However, the enhanced compensation of Rs.20,000/- shall bear the interest at 7.5% per annum only from the date of the petition. Thus, the total compensation shall be Rs.1,70,000/-. 15. It is directed that the entire amount of compensation shall be kept in fixed deposit in a nationalized bank and the claimant shall be paid interest every month. He can withdraw 50% of the principal amount only after five years from today and the remaining 50% two years thereafter. 16. With the above modifications, the Civil Miscellaneous Appeal is allowed in part. No order as to costs. ______________________ P. SWAROOP REDDY, J June 22, 2010. PV