ORIENTAL INSURANCE Vs. S MAHIPAL REDDY

JUDGEMENT

(1.) THE 1st respondent filed OP No. 281 of 1999, before the Motor accidents Claims Tribunal-cum-III Additional chief Judge, City Civil Court, Hyderabad, claiming a sum of Rs. 8,00,000/-, as compensation, for the injuries received by him in an accident that took place on 13. 7. 1998. It was pleaded that on that day he was proceeding on his motor cycle bearing No. AP-11e-7659, towards Kothapet fruit Market, and on the way, an auto rickshaw bearing No. AP-28t-9732, owned by the 2nd respondent and insured with the appellant, came in a rash and negligent manner and dashed against him. Serious injuries to the head and leg of the 1st respondent were caused, and it was alleged that the 1st respondent is the driver of a heavy vehicle, and on account of the injuries, he virtually became disabled. Particulars of the treatment undergone by him were also furnished.

(2.) THE OP was contested by the appellant, as well as the 2nd respondent. Through its order dated 8. 1. 2002, the tribunal awarded a sum of Rs. 4,68,884/- as compensation, with interest at 12% per annum. The same is challenged in this CMA.

(3.) SRI T. Ramulu, learned Counsel for the appellant, submits that though there existed some basis for awarding a sum of rs. 2,88,884/- towards medical expenses, on the basis of the bills, the Tribunal was not justified in awarding a sum of Rs. 80,000/-towards future medical expenses, and rs. 1,00,000/- for pain and suffering. He challenges the rate, at which the interest was awarded. Placing reliance upon the judgment of this Court in Bhagwan Das v. Mohd. Arif, 1987 (2) ALT 137, he submits that the amount awarded towards pain and suffering is too high.