HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.357 of 2008 Date: 24-6-2011 Between Ragula Balrajgoud … Appellant/Petitioner and Muralidhar Reddy and another … Respondents/Respondents HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.357 of 2008 Judgment: Heard both sides. 2. Being aggrieved by the order and decree dated 12-9-2007 in O.P.No.1801 of 2002 on the file of the Motor Accident Claims Tribunal (VIII Additional District Judge), Nizamabad the present civil miscellaneous appeal is filed. 3. The appellant herein is the petitioner in O.P.No.1801 of 2002. The tribunal below while evaluating the evidence of the petitioner granted a compensation of Rs.85,000/- with interest at 7.5% per annum against the claim of Rs.3,50,000/-. Being aggrieved with the same, the present civil miscellaneous appeal is filed. 4. Learned counsel for the appellant-claimant mainly urged that the tribunal below had not taken into consideration the gravity of the injuries and disability of the injured and granted only meagre compensation, which needs to be revised as per the evidence of P.W.1 and the disability certificate Ex.A-9. 5. Learned counsel for the 2nd respondent-Insurance Company while opposing the said argument urged that the tribunal below liberally granted compensation and that the interest at 7.5% per annum granted by the tribunal below is to be scaled down. 6. Now, the point for consideration is -- whether the appellant- claimant is entitled for enhancement of compensation ? 7 . Point:- As seen from the impugned order, the factum of accident is not disputed. The injured was aged about 36 years as on the date of accident and he is a toddy-tapper. According to him, he sustained injuries in a road traffic accident on 16-10-2002 while he was proceeding on his motorcycle. It is also his evidence that he was treated in Nizam’s Institute of Medical Sciences, Hyderabad soon after the accident. Ex.A-8 X-ray report is filed in support of the claim that he sustained fractures of 4th and 5th ribs on lateral aspect. 8. P.W.1 examined P.W.2 Dr. D.Raja Reddy of Apollo Hospital, Hyderabad. According to him, on 01-11-2002 the petitioner was admitted into the hospital and on examination, found the injured at disoriented Glasgow coma score 11/15 and he was aphasic and he had recurrent dislocation of the right shoulder and left side weakness of the body and he was discharged from the hospital on 03-11-2002 and subsequently, he was treated as outpatient in the years 2003 and 2004. Ex.X-1 case sheet shows that the principal diagnosis is as under: Head injury. Left temporal haemorrhagic contusion with thin acute SDH right parietal. Aphasic. Right dislocation. 9. According to P.W.1, he took bed-rest for three years. Therefore, granting of Rs.25,000/- towards the said injuries as noted in Ex.A-3 injury certificate is just and reasonable while confirming the award of compensation granted by the tribunal below under other heads. 10. However, the interest at the rate of 7.5% per annum awarded by the tribunal below is reduced to 6% per annum on the enhanced amount of Rs.25,000/- by applying the principle laid down by the apex Court in SARLA VERMA v. DTC[1]. 11. With this modification, the civil miscellaneous appeal is allowed in part, enhancing the compensation from Rs.85,000/- to Rs.1,10,000/- (Rupees one lakh and ten thousand only). However, interest at 7.5% per annum awarded by the tribunal below is scaled down to 6% per annum on the enhanced amount of Rs.25,000/-. No costs. ___________________ K.S.APPA RAO, J. 24th June, 2011. Ak HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.No.357 of 2008 24th June, 2011. [1] (2009) 6 SCC 121