THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No.1392 of 2011 JUDGMENT: Heard. 2. The appeal is filed by the claimant being not satisfied with the award passed by the lower Tribunal in granting compensation of Rs.50,000/- as against the claim for Rs.1,00,000/- in O.P.No.193 of 2001 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge at Vizianagaram. 3. According to the claim of the petitioner, on 10.05.2000 when he was travelling in the auto, near Venugopalapuram junction at about 9.45 a.m., a lorry bearing No.AP 31 T 1926 came in a rash and negligent manner and dashed against the auto, as a result of which, he received multiple injuries. The 3rd respondent, who is the insurer of the lorry, filed a counter putting the petitioner to strict proof of the rashness and negligence attributed to the driver of the vehicle and it was further pleaded that the incident was due to the fault of the driver of the auto. The 5th respondent, who is the insurer of the auto, claimed that the incident was due to the fault of the driver of the lorry only therefore there is no liability. On considering the evidence on record, the lower Tribunal granted a compensation of Rs.50,000/- against respondents 1 to 3 holding that the incident was due to the fault of the driver of the lorry only. Being not satisfied with the grant of Rs.50,000/- as compensation, the present appeal is filed. 4. The learned counsel for the appellant contends that the lower Tribunal has not properly taken into consideration the disability as against the evidence of the disability of 40% spoken by the doctors, it was only taken as 20%. Accordingly, for the disability a sum of Rs.39,000/- was granted and lower Tribunal also granted a sum of Rs.5,000/- towards pain and suffering and granted a sum of Rs.6,000/- towards medical expenses. Evidently, the nature of the injuries received by the petitioner are grievous in nature and the injury is to the head, which is grievous. Therefore, the quantum of compensation towards pain and suffering granted by the lower Tribunal is less and accordingly, the compensation is enhanced to Rs.15,000/-. So far as the medical expenses is concerned, the petitioner was said to be in hospital for sufficient time and there was also attendance and accordingly the claim towards medical expenses is enhanced and fixed at Rs.10,000/-. The total compensation petitioner entitled to is Rs.64,000/-, and the same is rounded up to Rs.65,000/-. 5. Accordingly, the award of the lower Tribunal is modified and the Civil Miscellaneous Appeal is allowed in part. No costs. _______________________ N.R.L.NAGESWARA RAO,J Date: 13.07.2011 INL