THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.834 of 2003 ORAL JUDGMENT: Heard. 2. Aggrieved by the order and decree, dated 12.9.2002, in O.P.No.633 of 1989, passed by the II Additional District Judge, Nellore, awarding a sum of Rs.3,000/- towards compensation, as against the claim of Rs.40,000/- for the injuries sustained by the appellant-claimant in the motor accident that occurred on 6.7.1989 at 11-00 p.m., near Tapathopu village on G.N.T. road, due to the rash and negligent driving on the part of driver of the lorry, bearing registration No.ABK 7808, the present civil miscellaneous appeal has been preferred. 3. The appellant herein is the claimant, first respondent is the owner of the offending lorry and the second respondent is its insurer, in the O.P., before the Court below. 4. This is a case of injuries sustained by the claimant in the motor accident. The case of the claimant is that he was working as a riksha puller and while returning to Nellore after unloading the fridge, he met with the accident and sustained some injuries on abrasions and contusions on both legs. The other particulars regarding the accident and the aspect of negligence are not referred to since not in dispute. 5. The Court below, after appreciating the evidence on record, both oral and documentary, and also taking into consideration the nature of injuries suffered by the claimant, awarded a sum of Rs.3,000/- towards compensation. Having not satisfied with the same, the claimant has preferred the present appeal. 6. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Court below is proper and justified. 7. There cannot be any dispute so far as the assessment made by the Court below, particularly in respect of the nature of injuries suffered by the claimant. But, it is to be seen that the claimant was working as riksha puller under a person and because of the said injuries, he could not involve in his occupation for five months. This Court cannot ignore the fact that the claimant lost his considerable income for five months because of the injuries sustained by him and remained idle. If a sum of Rs.1,200/- per month is notionally fixed as the income of a riksha puller, for five months it comes to Rs.6,000/-. Further, in addition to the amount of Rs.3,000/- already awarded by the Court below, I feel it appropriate to add Rs.1,000/- more towards pain and suffering. Therefore, in the interest of justice, particularly keeping in view of the fact that the claimant was eking out his livelihood by riksha pulling, I feel it appropriate to fix a total sum of Rs.10,000/- towards compensation, instead of Rs.3,000/- as awarded by the Court below. 8. Yet, another aspect to be noticed is that the O.P. filed by the claimant was dismissed for default. On filing a petition seeking restoration of the O.P., the same was allowed after a period of 866 days. Keeping this fact in mind, the Court below, while awarding compensation, awarded interest at 9% per annum from the date of petition, till realization, however excluding the period of delay in filing the petition for restoration of the O.P. Therefore, I make it clear that the additional sum of Rs.7,000/- also shall carry interest at 9% per annum, as was prescribed by the Court below, excluding the period of delay in filing the petition for restoration of the O.P. 9. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.3,000/- to Rs.10,000/- (Rupees ten thousand only). The additional amount of Rs.7,000/- (Rupees seven thousand only) shall carry interest at 9% per annum from the date of filing of the O.P. before the Court below, till realization, excluding the period of delay in filing the petition for restoration of the O.P. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 24.06.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.834 of 2003 24.06.2010 (Msr)