1. Being dissatisfied with the quantum of compensation awarded in the order and decree dated 01.08.2014 passed in O.P.No.609 of 2009 by the Chairman, Motor Accident Claims Tribunal-Cum-VIII Additional District Judge at Nizamabad (hereinafter referred to as “the Tribunal”), whereby the Tribunal awarded a sum of Rs.83,500/- for the injuries sustained by her in a motor vehicle accident, the appellant-claimant has filed this appeal, under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation.

2. The brief facts of the case are that on 24.03.2009, the appellant/claimant, a 33-year-old woman engaged in running general stores, vegetable business and agriculture, was travelling in an auto bearing No.AP 25-V-1166. At about 5:30 p.m., when the auto reached Dasnagar village limits, its driver drove in a rash and negligent manner, lost control, and the vehicle overturned after hitting a motorcycle, due to which the appellant-claimant sustained grievous multiple injuries including fractures to both bones of the left leg and left hand, fracture of ribs and skull, rupture of stomach and injuries to the head, back and face. She was initially treated at Government Headquarters Hospital, Nizamabad, and later admitted in Shashank Hospital where she underwent surgery and remained as inpatient from 24.03.2009 to 30.03.2009, followed by prolonged follow-up treatment. The SHO, PS Makloor, also registered a criminal case vide Crime No.69 of 2009 against the driver of auto. Stating that the appellant-claimant incurred medical expenditure of more than Rs.1,00,000/- and suffered loss of income and disability, she filed the aforesaid claim petition before the Tribunal seeking compensation of Rs.2,00,000/- on account of the injuries sustained by her in the said accident, against the owner and insurer of the auto.

3. Before the Tribunal, respondent No.1 i.e., owner of the auto remained ex parte. Respondent No.2-insruance Company filed a counter denying the averments of the claim petition and contended that the compensation claimed was excessive and prayed for dismissal of the claim. The Tribunal, on appreciation of the oral and documentary evidence, held that the accident occurred due to the negligence of the auto driver and awarded a sum of Rs.83,500/- towards compensation with interest at the rate of 6% per annum in favour of the appellant-claimant, payable by the respondents jointly and severally. Aggrieved by the quantum, the appellant-claimant preferred the present appeal seeking enhancement of compensation.

4. Considered the submissions of the learned counsel for the parties and perused the record.

5. There is no dispute with regard to the finding of the Tribunal that the accident occurred due to the negligence of the auto driver and liability.

6. So far as the assessment of quantum of compensation is concerned, on a re-appraisal of the record, it is evident that the appellant-claimant suffered multiple grievous injuries including fractures to the left upper and lower limbs, skull and rib fractures, internal injuries, and remained hospitalized for several days, followed by prolonged treatment. The nature of injuries clearly indicates long-lasting physical disability resulting in functional limitations and loss of earning capacity. Despite the documentary evidence including Exs.A3, A5, A6 and the medical opinion of PW-2 indicating the seriousness of injuries and requirement of further surgery, the Tribunal, awarded compensation only under limited heads, without adequately appreciating the severity of the injuries, pain and trauma endured by the claimant, her prolonged medical treatment, and the consequent loss of livelihood. 7. Keeping in view the age of the appellant-claimant, her avocation, and the nature of injuries supported by medical evidence, this Court finds that the compensation awarded by the Tribunal is on the lower side and does not reflect a fair assessment of her physical and economic suffering. Therefore, enhancement under various permissible heads is warranted to ensure that the appellant-claimant receives just compensation as contemplated under law, which is re-assessed and tabulated as under:

              

8. Coming to the rate of interest, as the Hon’ble Supreme Court in the case of National Insurance Company Ltd. vs. Mannat Johal and others (AIR 2019 SC 2079) and in several subsequent decisions held that the reasonable rate of interest to be awarded in motor accident claim cases shall be 7.5% per annum, this Court is of the opinion that the rate of interest awarded by the Tribunal in the instant case is on the lower side and the same requires modification.

9. In the result, the appeal is partly allowed, by enhancing the compensation awarded by the Tribunal from Rs.83,500/- to Rs.1,83,500/- with interest @ 7.5% per annum from the date of petition till the date of realization. The rest of the terms and conditions imposed by the Tribunal shall remain unaltered. No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.