HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.1694 OF 2011 JUDGMENT: The appeal is filed against the order in O.P.No.279 of 2002 on the file of the IV Additional Chief Judge-cum-Motor Accidents Claims Tribunal, City Civil Court, Hyderabad, questioning the quantum of compensation. 2. The petitioner has claimed a compensation of Rs.2,00,000/- on the ground that on 24.11.2001 when he was going in an auto bearing No.AP 11 V 7345, the lorry bearing No. AP 12 U 2366 came in opposite direction in a rash and negligent manner and dashed against the auto, as a result of which, he received multiple injuries. The lower Tribunal assessed the loss of earnings on the basis of the disability and granted compensation. I think the method approached by the lower Tribunal is not correct. From the evidence of PW.2 and Exs.A.4 and A.5, it is quite clear that the petitioner was in hospital from 24.11.2001 to 22.12.2001 and there is said to be a disability of 40% according to the petitioner. But, the lower Tribunal has taken the disability as 25%. There is no proof that the disability as a permanent disability deprive the petitioner of any employment. The petitioner is said to have been treated by PW.2 with fracture of right femur and fracture of 3rd metatarsal bone of right foot and other injuries. Therefore, taking into consideration the above evidence on record, a sum of Rs.25,000/- is granted as compensation for pain and suffering, a sum of Rs.25,000/- is granted towards medical expenses and attendants as he was in hospital for a longer time and a sum of Rs.10,000/- is granted towards amenities as awarded by the lower Tribunal and since there is partial disability and also loss of earnings a further sum of Rs.40,000/- is granted. The total compensation to which the petitioner entitled to is Rs.1,00,000/-. The learned counsel for the appellants contends that the lower granted interest at the rate 9% per annum, which is on higher side and it may be reduced. In view of the settled principle of law, the interest is reduced to 7.5% per annum instead of 9% per annum as granted by the lower Tribunal. Accordingly, the award of the lower Tribunal is modified. In the result, the appeal is allowed in part. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date: 12.08.2011 INL