THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.876 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the judgment and decree, dated 05.04.2002, in O.P.No.7 of 1997, passed by the Chairman, Motor Accident Claims Tribunal (District Judge), Nizamabad (for brevity “the Tribunal”), awarding a sum of Rs.75,000/- in all, as against the claim of Rs.1,00,000/- for the injuries sustained by the appellant in a motor accident that occurred on 29.4.1996 at 6-30 p.m., at Devi Road, Nizamabad, due to the rash and negligent driving on the part of driver- cum-owner of the Maruthi van, bearing registration No.AP-1-1777, the present civil miscellaneous appeal has been preferred. 3. The appellant herein is the petitioner, 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. 5. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.75,000/- towards compensation. Hence the present appeal by the claimant. 6. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 7. The injuries suffered by the claimant are fractures and dislocation of right hand shoulder, apart from other multiple and grievous injuries on various parts of the body. The medical evidence of P.W.2, the doctor, also shows that the claimant suffered permanent partial disability at 55%. Therefore, when there is substantial evidence to show that the claimant suffered permanent disability at 55%, there is no reason for the Tribunal to reduce the same to 25% and the reasons assigned thereof are neither cogent nor convincing. In other words, there is no reason for the Tribunal as well as to this Court to disbelieve the evidence of P.W.2 doctor, who assessed the permanent partial disability of the claimant at 55%. Therefore, in order to meet the ends of justice, I feel it appropriate to fix the compensation at Rs.85,000/- instead of Rs.75,000/- as awarded by the Tribunal. 8. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.75,000/- to Rs.85,000/- (Rupees eighty five thousand only). The additional amount of Rs.10,000/- (Rupees ten thousand only) shall carry interest at 6 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. In all other aspects and respects, the judgment passed by the Tribunal shall stand 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.876 of 2003 01.07.2010 (Msr)