THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1792 of 2000 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 29.02.1996, in O.P.No.578 of 1991, passed by the I Additional District Judge, Karimnagar District (for brevity “the Tribunal”), awarding a sum of Rs.5,000/- as against the claim of Rs.50,000/- for the injuries sustained by the appellant-claimant in a motor accident that occurred on 30.4.1991 at about 9-00 a.m., near Mallaiah Cheruvu of Bommakal village, due to the rash and negligent driving on the part of driver of the tractor, bearing registration No.AP 15T 26, the present civil miscellaneous appeal has been preferred. 3. The appellant is the claimant, 1st respondent is driver of the offending tractor, 2nd respondent is the owner of the offending tractor, and the 3rd respondent is its insurer. 4. This is a case of injuries sustained by the claimant in the motor accident. The particulars regarding the method and manner in which the accident had occurred and the aspect of negligence are not referred to since already on record. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.5,000/- towards compensation. Having not satisfied with the same, the present appeal has been preferred by the claimant. 5. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 6. Admittedly, the claimant received fracture to both bones of left leg and took treatment for a considerable period by spending huge expenditure. Ex.A-18 is the disability certificate issued by the doctor, which discloses that the claimant had suffered 20% disability. Though the injuries suffered by the claimant are not serious in nature, however, since the claimant underwent treatment for a good length of time, the trauma that he suffered from the injuries is also to be taken into consideration for the purpose of computing the compensation. Therefore, having regard to the injuries suffered by the claimant and the agony meted out by him because of the said injuries, I feel it appropriate to enhance the compensation by Rs.2,500/- more. Thus, the claimant is entitled to a total sum of Rs.7,500/- towards compensation, instead of Rs.5,000/- as awarded by the Tribunal. 7. At this stage, it is contended by the learned counsel for the 2nd respondent-owner of the offending vehicle that, in fact, the vehicle is covered by a valid insurance policy and, therefore, the insurance company is also liable to pay the compensation. 8. In this regard, it is to be seen that this fact was never brought to the notice of either the Tribunal or this Court for all these long years and no steps have been taken to that effect. Therefore, this is another question to be gone into, which is totally a fact based, and it is not desirable for this Court, at this juncture, to go into that aspect. However, it is open to the 2nd respondent to work out his remedies elsewhere as permitted under law. 9. Accordingly, the civil miscellaneous appeal is allowed in part, enhancing the total amount of compensation from Rs.5,000/- to Rs.7,500/- (Rupees seven thousand five hundred only). The additional amount of Rs.2,500/- (Rupees two thousand five hundred only) shall carry interest at 6 per cent per annum from the date of filing of the O.P. before the Tribunal, till realization. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 08.07.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1792 of 2000 08.07.2010 (Msr)