THE HON'BLE SRI JUSTICE GHULAM MOHAMMED C.M.A.NO.1631 OF 2003 JUDGMENT: This appeal is filed by the insurance company challenging the quantum of compensation granted by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Ranga Reddy District in O.P.No.1173 of 1997, dated 26-11-2001. The brief facts of the case are that the 1st respondent filed the aforementioned O.P., before the Tribunal alleging that on 7.10.1996 around 3.30 p.m., while he was walking along the side of the road in front of his house in Chaitanyapuri, Ranga Reddy District, a Maruthi Car bearing No. AHY 3636 being driven in a rash and negligent manner came and dashed him, due to which, he sustained severe bleeding injuries and fractures to his both the legs. Immediately, he was shifted to Yashoda Hospital, Malakpet, Hyderabad. According to the 1st respondent, in the said accident, he sustained fractures and also suffered partial permanent disability. It is stated that he has been taking treatment even as on the date of filing of the O.P. Hence, he claimed compensation of Rs. 1,50,000/- together with interest at 18% per annum and costs of the O.P. Before the Tribunal, the 2nd respondent, who is the owner of the accident vehicle remained ex-parte. The appellant-insurance company resisted the claim petition by filing a counter affidavit wherein it is stated that the accident did not occur on account of the rash and negligent driving on the part of the driver of the maruthi car; that the compensation claimed is highly excessive. On the basis of the above pleadings, the Tribunal framed the following issues for trial : 1. Whether the petitioner injured in accident occurred on 7-10-1996 at 3.30 P.M. , near the Chaitanyapuri Main Road, Hyderabad due to the rash and negligent driving of the driver of Maruthi Car bearing No. AHY 3636 ? 2. Whether the vehicle was entered with the 2nd respondent covering the risk on the date of accident ? 3. Whether the petitioner suffered any permanent disability to the accident ? 4. Whether the petitioner entitled to any compensation if so, to what amount and against whom ? 5. To what relief ? During the course of enquiry, on behalf of the 1st respondent- claimant, the 1st respondent got himself examined as P.W.1 besides examining two other witnesses, P.Ws.2 and 3. Exs. A1 to A11 and Ex.X1 were marked. On behalf of the contesting respondents, R.W.1, owner of the vehicle got himself examined as R.W.1 and got marked Exs.B1 and B2. The Tribunal after analysing the evidence adduced on either side and on appreciating the same, was of the view that the accident occurred due to rash and negligent driving on the part of the driver of the car and it accordingly awarded compensation of Rs. 61,512/- to the 1st respondent-claimant together with interest at 12% per annum from the date of petition till the date of realization. Being aggrieved by the quantum of compensation awarded by the Tribunal, the appellant- insurance company filed the present appeal. It is stated that during the pendency of this appeal, the 1st respondent has died and his legal representatives were brought on record as respondent Nos. 5,6,7 and 8. Learned counsel for the appellant contended that there was contributory negligence on the part of the 1st respondent. He further contended that since the car involved in the accident was in the custody of the 3rd respondent at the relevant point of time, it is not liable to pay any compensation amount and respondents 3 and 4 alone are liable for payment of the same. He further contended that since there is no evidence on record to show that the claimant suffered permanent disability, the tribunal ought not to have granted any amount under that head. Hence, he prayed that the appeal be allowed and the impugned award be set aside. Heard the learned counsel for the parties and perused the order under appeal. Before the Tribunal, the 1st respondent, who is the injured claimant got himself examined as P.W.1 and narrated about the accident. He also filed Exs.A1 and A2, copy of the F.I.R. and the charge sheet to prove that the accident occurred on account of rash and negligent driving on the part of the driver of the car. In so far as the injuries sustained by the 1st respondent in the accident is concerned, according to him he had suffered a fracture to right tibial condylar and filed Exs.A3 to A10, which are the medical certificate and medical bills etc. to prove the same. According to P.W.2, who is an accountant of Yashoda Hospitals, the 1st respondent was admitted in the hospital on 7.10.1996 and he had undergone treatment there till 13.10.1996 as in-patient. Ex.A3 is the Medical Certificate issued by the Yashoda Hospital to show that the 1st respondent has taken treatment there. He also filed Ex.A5, final bill. The Tribunal while relying on Ex.A5 has granted an amount of Rs. 15,562/-. Though, the 1st respondent filed advance receipts under Ex.A5 to show that he had paid an amount of Rs. 13,000/-, the Tribunal having found that the said sum was included in the final bill, rightly disallowed the said claim. While taking into consideration the fact that the 1st respondent was aged about 63 years and suffered a fracture of right tibial condylar, it granted a sum of Rs. 10,000/- towards pain and suffering. It is also seen from the record that the 1st respondent also filed Exs.A9 and A11, medical bills to show that he has incurred a sum of Rs. 35,000/- and Rs.950/- respectively, towards medical expenses and in the absence of any contra evidence let in by the appellant to disprove the same, the Tribunal has granted the said sum. The Tribunal while taking into account the age of the deceased claimant and the nature of the injuries sustained by him, rightly granted a sum of Rs.61,512/-, in all, as compensation. I, therefore, do not find any reason to interfere with the impugned Award. In so far as interest is concerned, the interest awarded by the Tribunal at 12% is reduced to 6%. The civil miscellaneous appeal is accordingly allowed in part. No costs. _________________________ GHULAM MOHAMMED,J Date: 15th July, 2010 pnb