THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.947 of 2003 Date: 08-7-2010 Between S.Rama Devi … Appellant/Petitioner and 1. The General Manager, APSRTC, Musheerabad, Hyderabad and another … Respondents/Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.947 of 2003 Oral Judgment: Despite service of notices, none appears for respondents 1 and 2-Andhra Pradesh State Road Transport Corporation (‘the Corporation’, for brevity). 2. Appeal by the claimant challenging the order and decree, dated 04-01-2000, in O.P.No.744 of 1994, passed by the Chairman, Motor Accidents Claims Tribunal cum Additional District Judge, Nizamabad awarding a sum of Rs.50,000/- as against the claim of Rs.1,50,000/- towards compensation for the injuries received by her in a motor vehicle accident that occurred on 23-10-1994 due to the rash and negligent driving on the part of the driver of the bus bearing No.AP9Z-4646 belonging to the Corporation. 3. The details of the accident are not necessary to be mentioned since they are not in dispute. 4. The only question that is required to be gone into in this appeal is -- whether the amount of compensation awarded by the Tribunal is adequate and reasonable ? 5. P.W.3 is a doctor, who treated the claimant, stated that the claimant was in his Nursing Home from 24-10- 1994 till 12-11-1994 and the claimant was operated on 30-10-1994. The injury was fracture of soft femur over left thigh bone. The said injury is corresponding to the injuries mentioned in Ex.A-2, discharge card and case sheet in Ex.C-1. 6. P.W.2 is another doctor, who stated that the claimant had got fracture of soft femur over left thigh bone, which was operated upon and resulted in mal-union and the claimant suffered 50% of permanent partial disability and Ex.A-10 is the disability certificate issued by him. 7. The Tribunal had pointed out that even P.W.2 whose evidence is taken into consideration, there is some disability but that disability was opined by the Tribunal as excessive. 8. Further, the Tribunal had taken into account the medical bills available with the claimant to the tune of Rs.6,351=85 ps., in total, the Tribunal awarded a sum of Rs.50,000/- with interest at the rate of 12% per annum from the date of petition till realisation. 9. Having regard to the evidence of the doctor P.W.2 and the disability spoken to by him, there must be sufficient pain and suffering. Further, it is on record that P.W.2 had spoken to the effect that there was some mal- union of the left thigh bone. Therefore, the extent of disability has to be estimated approximately and there is no formula to that effect. 10. Hence, having regard to the facts and circumstances, I deem it appropriate to grant a sum of Rs.5,000/- (Rupees five thousand only) in addition to the total sum awarded by the Tribunal, which shall carry interest at the rate of 7.5% per annum from the date of filing of the O.P., before the Tribunal till realisation. 11. In the result, the appeal is allowed in part. _______________________ JUSTICE D.S.R.VARMA 08th July, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.947 of 2003 08th July, 2010. (Ak)