THE HON’BLE SRI JUSTICE D.S.R. VARMA Civil Miscellaneous Appeal No.2287 of 2003 Date: 30.09.2010 Between: The Oriental Insurance Company Limited … Appellant and Damodhar brindavan and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R. VARMA Civil Miscellaneous Appeal No.2287 of 2003 ORAL JUDGMENT: Heard learned Standing Counsel for the appellant-Oriental Insurance Company Limited as well as the learned counsel for 1st respondent-claimant. 2. Aggrieved by the order and decree, dated 16.10.2002, in O.P.No.41 of 1998, passed by the Chairman, Motor Accident Claims Tribunal (Additional District Judge), Nizamabad (for brevity “the Tribunal”), awarding a sum of Rs.80,000/- as against the claim of Rs.1,00,000/- towards compensation for the injuries sustained by the claimant in a motor accident that occurred on 19.7.1996, at about 10.30 a.m., in the outskirts of Satapur village, Nizamabad District, due to the rash and negligent driving on the part of the driver of Hero Honda, bearing registration No.AP 25D 1083, the present civil miscellaneous appeal has been preferred by the insurer-Oriental Insurance Company Limited. 3. This is a case of injuries sustained by the claimant in a road accident. The method and the manner, in which the accident had occurred, and also the aspect of negligence are not referred to since not in dispute. The Tribunal, after appreciating the entire evidence on record, both oral and documentary, awarded a total sum of Rs.80,000/- towards compensation on all counts. Hence, the present appeal by the insurer. 4. Learned Standing Counsel for the appellant-insurer contends that the quantum of compensation awarded by the Tribunal is on higher side. 5. Now, the only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is just and reasonable. 6. As could be seen from the record, the claimant was a boy of 15 years as on the date of accident. He suffered one fracture injury and five simple injuries. Ex.A-3 is the certified copy of injury certificate, Ex.A-4 is the outpatient chit, Ex.A-5 is the disability certificate and Ex.A-6 is the copy of Insurance Policy. P.W.2 doctor, who examined the claimant, deposed that it was a case of multiple injuries and fractures of medial end of left clavical. He assessed the permanent partial disability sustained by the claimant as 65%. Therefore, having regard to the facts and circumstances, particularly in the light of the medical evidence to the effect that the claimant suffered 65% permanent partial disability, the Tribunal was justified in awarding a sum of Rs.80,000/- towards compensation on all counts. 7. Therefore, I do not find any illegality or irrationality in the order passed by the Tribunal warranting interference by this Court. 8. In the result, the civil miscellaneous appeal is dismissed. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 30.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2287 of 2003 30.09.2010 (Msr)