THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1510 of 2003 Date: 30.09.2010 Between : Jakkula @ Akula Ramulu … Appellant And P. Vasudeva Reddy and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1510 of 2003 ORAL JUDGMENT: Heard learned counsel for the appellant-claimant as well as the learned Standing Counsel for the 2nd respondent-New India Assurance Company Limited. 2. Aggrieved by the order and decree, dated 18.10.2002, in O.P.No.814 of 2001, passed by the Chairman, Motor Accident Claims Tribunal (Principal District Judge), Nalgonda (for brevity “the Tribunal”), awarding a sum of Rs.25,000/- towards compensation as against the claim of Rs.70,000/- for the injuries sustained by the appellant-claimant in the motor accident that occurred on 03.05.2001, due to the rash and negligent driving on the part of the driver of a private bus, bearing registration No.AP 36U 6699, the present civil miscellaneous appeal has been preferred. 3. This is a case of injuries sustained by the claimant in a motor accident. The particulars regarding 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 evidence on record, both oral and documentary, and also taking into consideration the nature of injuries sustained by the claimant, awarded a total sum of Rs.25,000/- towards compensation. Having not satisfied with the same, the claimant has preferred the present appeal. 4. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 5. As per the evidence on record, it could be seen that Ex.A-3 xerox copy of the medical certificate is the only document, which appears to be relevant, which shows that the claimant suffered 3 injuries, one to the upper 1/3rd of thigh and grievous and both bones of fore arm. There was no documentary evidence filed by the claimant to show that in which hospital he took treatment. Therefore, having taken into consideration the above facts and also keeping in view the nature of injuries sustained by the claimant, the Tribunal had rightly awarded a total sum of Rs.25,000/- towards compensation. However, keeping in view the pain and suffering undergone by the claimant, I deem it appropriate to enhance the total amount of compensation by Rs.5,000/- more. Thus, the claimant is entitled to a total compensation of Rs.30,000/-. 6. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.25,000/- to Rs.30,000/- (Rupees thirty thousand only). The additional amount of Rs.5,000/- (Rupees five thousand only) shall carry interest at 7.5% 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 30.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1510 of 2003 30.09.2010 (Msr)