THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1852 of 2011 JUDGMENT: The appeal is filed by the claimant against the judgment dated 12.03.2004 in M.V.O.P.No.312 of 1999 on the file of the Motor Accident Claims Tribunal-cum-IV Additional District Judge (FTC), Nizamabad questioning the quantum of compensation. According to the case of the claimant on 28.05.1998 when the petitioner along with her husband were coming in the auto bearing No.AP-25-T-6041 and due to rash and negligent driving of the auto, it turned turtle and the petitioner suffered multiple injuries and was treated at Kamareddy and spent Rs.25,000/- for medical expenses. The 1st respondent is the owner and the 2nd respondent is the insurance company. The 2nd respondent filed a counter denying the petition averments and stated that the claim is excessive. After considering the evidence on record, the lower Tribunal granted a sum of Rs.14,000/- towards compensation. The learned counsel for the appellant contends that the evidence of the petitioner shows that she was in-patient in Kamareddy Government Hospital for about 45 days and spent Rs.35,000/- for treatment and she sustained loss of income. As can be seen from the judgment of the lower Tribunal, the petitioner has not examined the doctor, who issued the certificate and there are said to be 9 simple injuries. There is also no proof of the medical expenses. The lower Tribunal considering the wound certificate Ex.A-2 granted a sum of Rs.9,000/- for the injuries and a sum of Rs.5,000/- for the pain and suffering. Evidently, the method of granting of the compensation by the lower Tribunal is not correct. There cannot be compensation for the injuries and pain and suffering separately. There can only be an award of compensation for pain and suffering due to the injuries. Therefore, taking into consideration the nature of the injuries, a sum of Rs.15,000/- is granted for pain and suffering and though no medical bills are produced, the fact remains that the petitioner must have been in hospital and spent some money for treatment and taking into consideration a sum of Rs.5,000/- is granted towards medical expenses and loss of earnings, if any. The total compensation for which the petitioner entitled is Rs.20,000/- (Rupees twenty thousand only). The enhanced compensation shall carry interest at 7.5% per annum. With the above modification, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 30-08-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1852 of 2011 DATE: 30-08-2011 MR