THE HONOURABLE SRI JUSTICE D.S.R.VARMA C.M.A.No.1856 of 2003 ORAL JUDGMENT: Heard both sides. Dissatisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad (for short ‘the Tribunal’), in O.P.No.2500 of 2000, by order and decree, dated 05.12.2002, the claimant preferred the present appeal. As against the claim of Rs.3,00,000/-, the Tribunal, after considering the evidence, both oral and documentary, on record, awarded a sum of Rs.1,91,000/- towards compensation for the injuries suffered by the claimant in the accident that occurred 16.05.2000. The method and manner in which the accident occurred and the rash and negligence on the part of the driver of the offending vehicle resulting in the accident are not in serious dispute, hence, I do not find any necessity to go into all those facts. The only question that arises for consideration in this appeal is regarding the quantification and the adequacy of the compensation awarded by the Tribunal. The claimant appears to be a student doing B.C.A. as on the date of the said accident. The doctor who examined him issued Ex.A-20-Disability certificate which shows that the claimant received injury on the knee joint and left ankle joint and also fracture. He further deposed that due to the said injuries, the claimant was not able to sit or squat and that skin disfiguration was also there for the right leg. However, a suggestion was made to P.W-2-doctor by the learned counsel for the insurance company that the claimant has sustained disability only to an extent of 20%. In such circumstances, the Tribunal recorded that the claimant also except marking Ex.A-20-Disability Certificate, which was issued by the doctor-P.W-2, who was examined as a witness after a lapse of more than two years, did not place anything relevant on record and accordingly, held that the claimant sustained disability of only 20%. Accordingly, having regard to the facts and circumstances and the injuries suffered by the claimant, the Tribunal eventually arrived at a conclusion that the claimant was entitled to a sum of Rs.1,91,200/- as compensation. In view of the injuries sustained by the claimant, the compensation of Rs.30,000/- awarded by the Tribunal towards the pain and suffering, in my considered view, is slightly less. Therefore, I feel it appropriate to enhance the same by Rs.15,000/- more. In addition to this, towards extra nourishment and transport charges, I am of the view that the claimant is entitled to a compensation of Rs.5,000/-. Accordingly, taking the totality of the circumstances into consideration, the compensation awarded by the Tribunal is enhanced by Rs.20,000/- more. 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 petition till the date of realisation. In the result, the Civil Miscellaneous Appeal is allowed in part, to the extent indicated above. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA​ 07th October 2010 dr