THE HON’BLE SRI JUSTICE D.S.R. VARMA Civil Miscellaneous Appeal No.2952 of 2003 Date: 30.09.2010 Between: National Insurance Company Limited … Appellant and Nagapuri Prakash and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R. VARMA Civil Miscellaneous Appeal No.2952 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 03.05.2003, in O.P.No.590 of 2001, passed by the Chairman, Motor Accident Claims Tribunal cum Additional District Judge, Adilabad (for brevity “the Tribunal”), awarding a sum of Rs.1,73,400/- as against the claim of Rs.3,00,000/- towards compensation for the injuries sustained by the 1st respondent-claimant in a motor accident that occurred on 08.10.2000, due to the rash and negligent driving on the part of the driver of the Harvestor, bearing registration No.PB 56A 2506, the present civil miscellaneous appeal has been preferred by the insurer- National Insurance Company Limited. 3. This is a case of injuries sustained by the claimant in a road accident. The method and the manner in which the accident had occurred and also the aspect of negligence are not referred to since not in dispute. The Tribunal, after appreciating the entire evidence on record, both oral and documentary, awarded a sum of Rs.1,73,400/- towards compensation on all counts. Hence, the present appeal by the insurer. 4. Learned Standing Counsel for the appellant-insurer contends that the Tribunal erred in awarding compensation both for injuries and also the disability. 5. It is to be seen that under the heads of injuries and disability, the Tribunal awarded the sums of Rs.90,000/- and Rs.68,400/-, respectively. The submission of the learned counsel for the appellant cannot be countenanced for the reason that injuries and disability cannot be clubbed together. 6. So far as the injuries are concerned, for getting treatment etc., a sum of Rs.90,000/- was awarded towards injuries. However, I am in slight disagreement with the quantification of the said amount and the same is reduced from Rs.90,000/- to Rs.80,000/-. So far as the disability is concerned, it is on record that the claimant suffered permanent partial disability of 30%. For this, the amount of Rs.68,400/- awarded by the Tribunal is on higher side. Therefore, I deem it appropriate to reduce the same to Rs.58,000/-. 7. Therefore, the claimant is entitled to a sum of Rs.80,000/- towards injuries; Rs.58,000/- towards disability; Rs.10,000/- towards pain and suffering; and Rs.5,000/- towards medical bills. Thus, the claimant is entitled to a total sum of Rs.1,53,000/- towards compensation. 8. In the result, the civil miscellaneous appeal is allowed in part, reducing the total amount of compensation from Rs.1,73,400/- to Rs.1,53,000/- (Rupees one lakh fifty three thousand only). 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 30.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2952 of 2003 30.09.2010 (Msr)