THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.870 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 21.6.2002, in O.P.No.971 of 1999, passed by the Chairman, Motor Accident Claims Tribunal (District Judge), Nalgonda (for brevity “the Tribunal”), awarding a sum of Rs.40,000/- in all, as against the claim of Rs.1,50,000/- for the injuries sustained by the appellant in a motor accident that occurred on 5.11.1998 at 8-00 p.m., due to the rash and negligent driving on the part of driver of the motor cycle, bearing No.AP-36E-4378, the present civil miscellaneous appeal has been preferred. 3. The appellant herein is the claimant, first respondent is the owner of the offending vehicle and the second respondent is its insurer. 4. This is a case of injuries sustained by the claimant in a road accident. The other particulars regarding the accident and the aspect of negligence are not referred to since not in dispute. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a total sum of Rs.40,000/- towards compensation. Hence the present appeal by the claimant. 5. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 6. The claimant received injury to his shoulder, eye, jaw and other parts of the body and he was treated in Gandhi Hospital and also in Sarojini Devi Eye Hospital and spent Rs.50,000/- towards his treatment. In order to demonstrate the same, he had filed Exs.A-2 and A-3, copy of the certificate issued by Sarojini Devi Eye Hospital and copy of case sheet, respectively. He also filed Ex.A-4 bunch of medical bills. The Tribunal found that the certificate issued by Sarojini Devi Eye Hospital does not show that the injury did not heal or that the petitioner has got any disability. However, having regard to the facts and circumstances, the Tribunal had awarded a total sum of Rs.40,000/- only towards compensation. 7. It is not in dispute that the eye of the claimant had got seriously injured. Initially he was treated in Gandhi Hospital and subsequently he was treated in Sarojini Devi Hospital. Though the other particulars regarding the treatment taken by the claimant were not mentioned, still it can safely be presumed that the claimant must have sustained a grievous injury on the eye and he must have incurred considerable expenditure towards treatment. 8. Therefore, having regard to the facts and circumstances, I feel it just and reasonable to award an additional amount of Rs.10,000/-, apart from the amount of Rs.40,000/- already awarded by the Tribunal towards compensation. 9. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.40,000/- to Rs.50,000/- (Rupees fifty thousand only). The additional amount of Rs.10,000/- (Rupees ten thousand only) shall carry interest at 7.5 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects, the order passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 01.07.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.870 of 2003 01.07.2010 (Msr)