THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.M.A.No.314 OF 2003 JUDGMENT: This civil miscellaneous appeal is filed by the insurance company against the decree and order, dated 17.12.1997 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Khammam, in O.P.No.364/1992. 2. Heard. 3. The present O.P. and O.P.No.364 of 1992, O.P.6/92, O.P.109/92, O.P.361/92, O.P.362/92, O.P.363/92, O.P.365/92, O.P.366/92, O.P.367/92 and O.P.No.368/92 were disposed of by a common order. 4. The above said O.Ps. are filed with regard to an accident that took place on 26.11.1991 by a lorry bearing No.ADI:1733. As per the claimant’s case, the claimant engaged the lorry for loading and unloading Chilli seedlings belonging to R2. The driver allowed some of the claimants in other O.Ps. to transport their goods in the lorry by collecting fares. R1 is the driver of the lorry. At about 5.00 p.m. when the driver reached Tulasipaka village, he lost control on the lorry, on account of that the lorry went off the road and fell in a ditch by the side of a culvert, on account of that one of the coolies, by name Simhachalam died on spot and others sustained injuries, including the present petitioner. A case in Cr.No.114 of 1991 was registered and investigated. The case of the petitioner in this O.P. was that he was aged 35 years, he was a Hamali earning Rs.600/- per month. He was engaged as a labourer on that day. He suffered injuries on the head, nose etc. and suffered fracture of both hands. He suffered fracture of hip and leg also. He was admitted in Government Hospital, Bhadrachalam. He spent Rs.9,000/- towards medical expenses, Rs.3,000/- towards loss of earnings, Rs.3,000/- towards attendant charges and Rs.15,000/- each towards pain and suffering, loss of amenities and enjoyment of life and disability, in all he claimed compensation of Rs.60,000/-. Usual counters were filed by the respondents denying the allegations in the petition. On the basis of the pleadings, the following issues were framed:- 1. Whether the petitioner Dasi Ganga Raju sustained injuries due to the rash and negligent driving of lorry bearing No.ADI 1733, by its driver,R.1? 2. Whether the petitioner is entitled to any compensation? If so, to what amount and from which of the respondents? 3. To what relief? All the Ops were clubbed and common evidence was recorded. On behalf of the claimants in all the O.Ps, P.Ws.1 to 7 were examined and Exs.A1 to A22 were marked. On behalf of the respondents, R.W.1 was examined and Ex.B1 was marked. 4. On the basis of the material on record, as the Medical Officer revealed that the petitioner in the present O.P. suffered fracture, the Court below awarded compensation of Rs.60,000/-. Aggrieved by the above quantum, insurance company preferred this appeal. 5. Now, the point for consideration is whether there are any grounds for allowing the appeal? 6. The main question that arises for consideration is whether the quantum awarded is on higher side? 7. In view of the serious nature of injuries suffered by the petitioner, which includes fracture of hands and hip, an amount of Rs.60,000/- cannot be said to be excessive. 8. Learned counsel for the appellant contends that the petitioner was a gratuitous passenger, as such, the insurance company is not liable. It is not in dispute that several persons including the present petitioner were traveling in the same lorry and the O.Ps. pertaining to them were all disposed of by a common order and all of them and the insurance company did not file any appeal against those awards. In this case, the claim of the claimant is that he is Hamali and was engaged as a coolie on the offending lorry, as such, no others are granted compensation. There is no point at denying him, particularly when he is the coolie on the lorry. 9. Further, the second respondent-driver of the lorry is not on record, as the O.P. is dismissed against him for default. Thus, the appeal is liable to be dismissed for more than one reason. 10. Accordingly, the C.M.A. is dismissed. No costs. ______________________ P. SWAROOP REDDY, J. 23rd June 2010, Rns