THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1706 of 2011 JUDGMENT: The appeal is filed by the insurance company against the order dated 10.05.2002 in M.V.O.P.No.18 of 2000 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Vijayawada questioning the liability and also the quantum of compensation granted by it. The case of the claimant was that on 08.04.1998 when he was proceeding in the lorry bearing No.AP 16 W 1966 as a cleaner with a load, due to rash and negligent driving of the driver of the lorry, he received multiple injuries and suffered disability. The 1st respondent was said to be the owner and 2nd respondent is the appellant herein. The 2nd respondent filed counter putting the petitioner strict proof of the rashness and negligence of the driver, the nature of the injuries received by the claimant and also the quantum of compensation. The liability under the policy is also disputed contending that the petitioner was a gratuitous passenger. After considering the material on record, the lower Tribunal found that the injured was going in the lorry as a cleaner and the incident was due to the fault of the driver of the vehicle. However, as rightly contended by the learned counsel for the appellant, the quantum of compensation granted by the lower Tribunal does not speak about the components of the compensation and a sum of Rs.1,00,000/- was granted. As can be seen from the wound certificate Ex.A-3, the petitioner is said to have sustained a fracture to the pelvis and a sum of Rs.7,456.85 paise was spent towards medical expenses, and as per Ex.A-6, discharge card issued by the Government Hospital, Vijayawada. He was said to be earning Rs.1,500/- per month. Ex.A-8 is the disability certificate and P.W.2 was examined to prove the same. Evidently, P.W.2 is not competent to give the disability certificate though he may opine about the inconveniences caused by the incident to the petitioner. The only one fracture is said to have been caused and taking into consideration the above fact, a sum of Rs.25,000/- is granted as compensation for pain and suffering apart from the medical bills, which were for more than Rs.7,000/-. As the petitioner was said to have been in hospital for some time, there will be medical attendants and extra nourishment and, therefore, a sum of Rs.15,000/- is granted towards medical expenses and attendants. Since the petitioner has suffered some functional disability, a sum of Rs.10,000/- is granted and towards loss of earnings for the period of treatment a sum of Rs.5,000/- is granted. The total compensation for which the petitioner will be entitled is Rs.55,000/- (Rupees fifty five thousand only) with the interest at 7.5% per annum from the date of petition till the date of realization. With the above modification, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 25-08-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1706 of 2011 DATE: 25-08-2011 MR