THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1335 of 2003 ORAL JUDGMENT: Heard. 2. This Civil Miscellaneous Appeal is directed against the order and decree, dated 10.03.1998, passed by the I Additional District Judge-cum-Motor Accident Claims Tribunal, West Godavari at Eluru, in O.P.No.52 of 1998, awarding a sum of Rs.29,000/-, towards compensation for the injuries sustained by the petitioner therein, in a road accident that occurred on 13.03.1996, the petitioner-claimant has filed the present Civil Miscellaneous Appeal, seeking enhancement. 3. The Tribunal, having considered the entire material, including the evidence, both oral and documentary, available on record, on issue No.1 held that the accident occurred due to rash and negligent driving of the driver of the lorry, on issue No.2 held that the claimant is entitled to the compensation and the insured and the insurer are jointly and severally liable to pay the compensation and awarded a sum of Rs.29,000/- towards compensation. 4. The claimant, in the instant case, who was a pillion rider of the Suzuki motor cycle, admitted in the Apollo Hospitals, Jubilee Hills, Hyderabad, and took treatment for a period of two months and in proof thereof, he filed wound certificate, under Ex.A-3, medical certificate, under Ex.A-4, issued by the Apollo Hospitals, Hyderabad, bunch of medical bills for Rs.79,295/-, under Ex.A-5, and bunch of X-rays, under Ex.A-7. Though, the claimant has filed the O.P., before the Tribunal, his mother was examined as P.W.1, inasmuch as, he got employment, as Computer Engineer, in Australia. 5. Further, the driver of the said Suzuki motor cycle also filed O.P.No.1069 of 1996 before the Tribunal and a sum of Rs.94,000/- was awarded to him towards compensation. 6. The compensation awarded by the Tribunal, having elaborately dealt with all the aspects and held that the accident occurred due to rash and negligent driving of the driver of the lorry and that the claimant is entitled to the compensation, in my view, is not proportionate to the injuries sustained by the claimant. 7. Admittedly, the claimant sustained multiple fractures to his right leg and injuries to his right hand and right forehead and that his right leg was operated, by inserting steel plates and rods. 8. Having regard to the nature of the injuries sustained by the injured, as mentioned in Exs.A-3-wound certificate and Ex.A-4-medical certificate issued by Apollo Hospital, Hyderabad; that steel plates were inserted to the right leg of the injured, for which considerable amount might have been spent by the injured. Unfortunately, the doctor who treated the injured was not examined nor anything is placed on record as regards the veracity of the medical bills, under Ex.A-5. Hence, having regard to the totality of the circumstances, I feel it appropriate to enhance to compensation awarded by the Tribunal from Rs.29,000/- to Rs.55,000/-(Rupees Fifty five thousand only), in the interest of justice, on all counts. 9. Accordingly, the Civil Miscellaneous Appeal is allowed in part. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA 22ND July 2010 dr