THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL No.2982 of 1999 DATED 16.11.2009 BETWEEN: Yarramguntla Satyanarayana … Appellant AND Oriental Insurance Company Limited … Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL No.2982 of 1999 JUDGMENT: The appellant assails the award dated 27.03.1998 in M.V.O.P.No.301 of 1996 passed by Motor Accidents Claims Tribunal- cum-III Additional District Judge, Guntur. He filed O.P., claiming an amount of Rs.1,00,000/- (Rupees one lakh only) as compensation for injuries he received in the accident, but the tribunal awarded Rs.28,000/-. Aggrieved by which, present appeal is filed. On 15.03.1996, the appellant who is statedly an agriculturist and also invoved in coconut business earning Rs.2,500/- per month, he was travelling in auto bearing No.AP 7T 3986. Due to rash and negligent driving of the driver of the auto rickshaw, the vehicle turned turtle and the petitioner’s right leg was fractured. He also received other injuries. He was admitted to Dr.Rangarao Nursing Home in Guntur. He underwent treatment for a period of nineteen (19) days. Surgery was performed and nails were inserted in the right leg. After discharge, he filed M.V.O.P.No.301 of 1996. The O.P., was opposed by insurer denying negligence on the part of the auto rickshaw driver and also disputing amounts claimed. The tribunal framed two issues. The appellant examined as P.W.1, the orthopaedic surgeon was examined as P.W.2. Exs.A.1 to A.6 including Ex.A.4 (bunch of 23 medical bills) were marked. There was no oral and documentary evidence for the insurer. Considering the evidence, learned tribunal awarded Rs.8,000/- towards medical expenses, Rs.15,000/- towards loss of future earnings, Rs.5,000/- towards future operation and Rs.2,500/- towards pain and suffering. A decree was passed for Rs.28,000/-. Aggrieved by which, appellant is in appeal before this Court. This Court heard learned counsel for appellant and learned counsel for insurer. This Court also perused the evidence on record. Insofar as medical bills are concerned, 23 bills exhibited as Ex.A.4 would add upto Rs.9,756/-. There cannot be any strong reason to disbelieve the bills and it would be a surmise to reject them on the ground that they looked at the time of trial very fresh. The accident occurred on 15.03.1996 and in all probability, appellant underwent treatment from 15.03.1996 to 04.04.1996 and O.P., was filed immediately thereafter, and therefore, there cannot be any surprise if the bills were preserved afresh and intact. Therefore, an amount of Rs.9,756/- can be awarded towards medical expenses. This Court having regard to various authorities in the matter of non-pecuniary damages for pain and suffering in inclined to interfere with Rs.15,000/- towards loss of future earnings. Insofar as the amount required for future operation is concerned, P.W.2 categorically stated that even though there would not be necessity to remove the nail inserted at the time of surgery in future, if it has to be removed an amount of Rs.10,000/- would be required. If the statement was made some time in 1997 or 1998, there is nothing excessive to award the same amount towards future operation in case the appellant decides to get the nail removed from his right leg. Thus, in all the appellant is entitled to Rs.44,756/- (rounded of to Rs.44,750/-) towards pecuniary and non- pecuniary damages for the injuries he suffered in the accident. The award is accordingly modified holding that the appellant would be entitled to interest @ 6% per annum from the date of award on the enhanced amount. The civil miscellaneous appeal is partly allowed as indicated hereinabove. No costs. _________________ (V.V.S.RAO,J) 16.11.2009 pln