THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2948 of 2011 JUDGMENT: The appeal is ﬁled against the judgment dated 16.12.2004 in O.P.No.1078 of 2000 on the ﬁle of the Motor Accident Claims Tribunal-cum-IV Additional District Judge (Fast Track Court), Nizamabad questioning the quantum of compensation. The petitioner is said to be a minor, who is said to have received injuries in a motor accident on 07.06.2000 at about 12.30 p.m. when she was hit by a van bearing No.AP- 15-T-5102 driven by its driver in a rash and negligent manner and dashed against the petitioner, as a result of which, she received multiple injuries and fractures and she was treated in hospital and underwent operation and she suﬀered disability. The 1st respondent is the owner of the vehicle and the 2nd respondent is the insurance company, both are liable for payment of compensation. The 1st respondent ﬁled written statement disputing the incident and also the nature of the injuries and claimed that the vehicle was insured with the 2nd respondent. The 2nd respondent ﬁled written statement denying the petition averments, the nature of the incident, nature of the injuries and quantum of compensation. The lower Tribunal, after considering the evidence of P.Ws.1 and 2 and Exs.A-1 to A-7, Exs.C-1 to C-3 and Ex.X-1, has granted a compensation of Rs.80,000/-. Aggrieved by the same, the present appeal is filed. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? POINT: So far as the nature of the incident and the liability of the respondents are concerned, there is no dispute and they have not challenged the award. As can be seen from the material evidence on record, the petitioner is said to have sustained six injuries and ﬁve of them are simple and there is said to be a fracture to the right thigh. The petitioner is said to have been operated and she was hospitalized. There is also said to be malunion and the petitioner has suﬀered disability. The lower Tribunal has considered these aspects and granted Rs.5,000/- towards simple injuries and Rs.5,000/- towards grievous injury, Rs.15,000/- towards medical expenses and further granted a sum of Rs.5,000/- for pain and suﬀering. The petitioner was also granted medical expenses after discharge at Rs.5,000/-. Loss of earnings was determined at Rs.10,000/- and consequently a total sum of Rs.80,000/- was awarded. Evidently, the petitioner was a minor and the question of loss of earnings does not arise. The material evidence on record clearly goes to show that the petitioner was in hospital from 07.06.2000 to 15.08.2000 for a period of 68 days and an operation was conducted. The lower Tribunal has accepted this fact. However, only a sum of Rs.50,000/- was granted towards the injuries and pain and suffering. There cannot be any separate compensation for injuries and pain and suffering and both of them go together and taking into consideration the nature of the injuries and also the fracture, I feel the ends of justice would meet, if a sum of Rs.25,000/- is granted towards pain and suﬀering for all the injuries. The lower Tribunal has granted a reasonable amount of compensation towards medical expenses. So far as the future medical expenses are concerned, after discharge, there is no material. But, taking into consideration the fact that the petitioner was in hospital for about 68 days and suﬀered operation and she being a minor must have felt atleast temporary partial disability due to the injuries, I feel the ends of justice would meet, if a compensation of Rs.40,000/- is granted towards the disability. The total compensation comes to Rs.1,15,000/- (Rs.50,000/- + Rs.25,000/- + Rs.40,000/-). Therefore, the compensation granted by the lower Tribunal is enhanced to Rs.1,15,000/- (Rupees one lakh ﬁfteen thousand only). The interest rate shall be at 6% per annum on the enhanced compensation. With the above modiﬁcation, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 23-11-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2948 of 2011 DATE: 23-11-2011 MR