Peddella Yemmareddy, v. Madhu Mohan Rao,

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO C.M.A. No.4539 of 2004 JUDGMENT :

Heard the learned counsel for the appellant-claimant of O.P. No.1934 of 2001 and also the learned counsel for the 2nd respondent-insurer and perused the material on record.

2) The claim was maintained under Section 166 of the M.V.Act for Rs.2,00,000/ - for the injuries sustained in the auto accident dated 06.11.2001 of the auto of the 1st respondent insured with the 2nd respondent driven by him in which the another traveling as passengers allegedly turned turtle for which he sustained fracture injuries and other injuries and the Tribunal having considered the evidence vide order dated 30.08.2004 awarded compensation of Rs.17,000/ - with interest at 9% p.a. and the same is impugning.

3) It is the contention of the learned counsel for the claimant that what the Tribunal awarded is utterly low and could have been granted a reasonable compensation. Whereas, it is the contention of the learned counsel for the respondent-insurer that the evidence of P.W-2, Dr.Narasinga Rao is incredible, the accident took place opposite to Mary Matha Hospital and shifted to private clinic of said Narasinga Rao and against said Narasinga Rao who issued certificate is

incredible and in number of Judgments of this Court remarks were passed against him in this regard and thereby it is one of the fake claims and is liable to be dismissed.

4) Heard and perused the material on record.

5) In fact the very F.I.R speaks a fracture even taken up same consideration ignoring the evidence of said Narasinga Rao for said fracture with medical expenses, treatment and loss of earnings, at least Rs.25,000/ - is the just compensation to enhance from Rs.17,000/ -, however, rate of interest liable to be reduced from 9% p.a. to 7.5% p.a.

6) In the result, the appeal is partly allowed enhancing the compensation from Rs.17,000/ - to Rs.25,000/ - by reducing the rate of interest from 9% p.a. to 7.5% p.a. Rest of the terms of the award of the Tribunal holds good. No order as to costs. Pending miscellaneous petitions, if any, shall stand cancelled.

__________________________ Dr. B. SIVA SANKARA RAO, J 01.09.2016 ksh