IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.1771 OF 2003 Between : P.Sailaja .... APPELLANT A N D S.V.Subba Rao and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.1771 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1939 (for short, ‘the Act’) is directed against the common order and decree, dated 01.07.2002 in M.V.O.P.No.775 of 1999(along with M.V.O.P.No.774 of 1999) on the file of I Additional District Judge- cum-Motor Accidents Claims Tribunal, Kurnool, whereby a compensation of Rs.43,000/- was awarded to the claimant as against the claim of Rs.1,00,000/- for the injuries sustained by her in a motor accident. 2. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Tribunal. 3. The petitioner filed O.P.No.775 of 1999 on the file of I Additional District Judge-cum-Motor Accidents Claims Tribunal, Kurnool, claiming compensation of Rs.1,00,000/- for the injuries sustained by her in a motor accident. 4. The Tribunal after considering the evidence on record, awarded a compensation of Rs.43,000/- under all heads for the injuries sustained by her in the accident. Being dissatisfied with the quantum of compensation awarded in O.P.No.775 of 1999, the petitioner filed this Civil Miscellaneous Appeal, seeking enhancement of compensation on the ground that the compensation awarded by the Tribunal is very meager and disproportionate. 5. Heard both sides. 6. Now the point that arises for consideration is whether the petitioner is entitled for enhancement of compensation? 7. It is the contention of the learned counsel for the petitioner that the Tribunal without taking into consideration the gravity of the injuries sustained by P.W.2 as noted in Ex.A.6-wound certificate, granted only a meager compensation of Rs.5000/- to each grievous injury which is unjust and disproportionate. 8. A perusal of Ex.A.6-wound certificate, the Doctor noted that the petitioner herein sustained grievous injuries, basing on which, the Tribunal below awarded a sum of Rs.5,000/- to each grievous injury. 9. Considering the facts and circumstances of the case, the petitioner is entitled to a sum of Rs.15,000/- to each grievous injuries instead of Rs.5,000/- as awarded by the Tribunal. The other findings of the Tribunal and the amount awarded under other heads hold good. 10. Accordingly, the Civil Miscellaneous Appeal is partly allowed enhancing the compensation from Rs.43,000/- to Rs.63,000/-. The additional amount shall carry interest at 6% per annum from the date of filing of O.P. before the Tribunal till realization. There shall be no order as to costs. __________________ K.S.APPA RAO, J FEBRUARY 03, 2011. YVL