THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED CIVIL MISCELLANEOUS APPEAL No.3741 OF 2003 ORAL JUDGMENT: This Civil Miscellaneous Appeal is filed by the United India Insurance Company (appellant/respondent) Under section 173 of the Motor Vehicles Act, 1988 (for brevity “the Act”) aggrieved by the Award dated 12-06-2003 in O.P.No.314 of 2001 passed by the learned Chairman, Motor Accidents Claims Tribunal-cum- II Additional Chief Judge, City Civil Court, Hyderabad (for short “the Tribunal”). 2. O.P.No.314 of 2001 was filed by the first respondent/claimant herein seeking compensation of Rs.1,00,000/- for the injuries sustained by her in a motor vehicle accident. 3. As per the claimant, on 21-12-2000 at about 9.00 A.M while she was traveling along with some others in the auto bearing No. AP 11-U-6825 from Thummalur to Maheswaram, the auto driver drove the auto in a rash and negligent manner, due to which the auto turned turtle after passing Thummalur gate, as a result, she sustained grievous injuries. Therefore, an amount of Rs.1,00,000/-was claimed towards compensation. 4. The second respondent herein remained ex parte before the Tribunal. The appellant/second respondent who is the insurer of the vehicle resisted the claim petition by filing a counter-affidavit, denying all the allegations. 5. The Tribunal on the basis of the pleadings framed the following issues for trial. 1. Whether the accident was out of the use of auto bearing No.AP-11-U-6825 belonging to respondent No.1? 2. Whether the petitioner is entitled for compensation and if so to what amount and from which of the respondents? 3. To what relief? 6. Heard both sides. 7. On behalf of the claimant, the claimant herself was examined as PW.1 and Exs.A-1 to A-3 were marked. On behalf of the 2nd respondent/appellant RWs.1 and 2 were examined and Exs.B-1 and B-2 and Exs.X-1 and X-2 were marked. 8. Considering the material on record, the Tribunal holding that the accident occurred due to the negligence in driving the offending vehicle i.e., Auto, awarded an amount of Rs.25,000/- towards fracture injury; Rs.10,000/- towards pain and suffering; Rs.12,000/- towards hospital expenses; and an amount Rs.3,600/- was granted towards loss of past earnings for a period of three months from the date of accident. Thus in all the claimant was awarded a sum of Rs.50,600/- with interest @ 9% per annum from the date of petition till date of realization to be paid by both the respondents. Aggrieved by the award granted by the Tribunal, the Insurance Company has filed the present appeal. 9. The learned counsel for the appellant/Insurance Company strenuously contended that the Tribunal has committed error in awarding the compensation. 10. Per contra, the learned counsel for the 1st respondent /claimant contended that the Tribunal has not committed any error in awarding compensation 11. A perusal of the material available on record makes it clear that the Tribunal has awarded a compensation of Rs.50,600/- to be paid by both the respondents with interest @ 9% per annum keeping in view of the fact that the claimant sustained grievous injuries to her right hand. 12. Coming to the question of quantum of compensation, Ex.A- 2 hospital slip issued by the Osmania General Hospital (case sheet) shows that the appellant sustained grievous injuries and fracture that must have caused substantial pain and inconvenience affecting future earnings of the injured/claimant. Considering the above circumstances, this court is of the opinion that the amount awarded by the Tribunal is impeccable and there is a justification in awarding the above amount. 13. For the aforesaid reasons, the appeal is allowed in part while confirming the compensation amount granted by the Tribunal by reducing the rate of interest from 9% to 7%. There shall be no order as to costs. ___________________ GHULAM MOHAMMED, J 5TH AUGUST, 2010 TSNR