JUDGMENT S.R. SINGHARAVELU, J. — Insurance Company is the appellant. Aggrieved by the award dated 22.12.2001 passed by the Motor Accident Claims Tribunal, Nuapada in M.J.C. No.40/54 of 1995-2001, this appeal has been preferred. The award was passed for a total sum of 60,000/- which had been categorized as follows : Compensation : Rs. 36,000/- Medical Expenses : Rs. 15,000/- Pain & suffering : Rs. 5,000/- For attending the injured : Rs. 3,000/- and For the loss of income : Rs. 900/-. 2. The total comes to Rs.59,000/- and an odd which was rounded up to Rs.60,000/-. There is no dispute over the expenses. There is also no dispute about the injury or fracture in the left hand of the claimant who happened to be a coolie worker. He was an indoor patient for more than 20 days as per Ext.2. His frac¬ture in the left hand was proved by the document marked as Ext.6. The doctor’s report supports the same. The age of the injured was stated to be ‘28’ at the time of injury. Learned counsel for the Insurance Company submitted that since he is a middle-aged person, the fracture would be healed and there would be no loss of income and hence there was no occasion for granting compensa¬tion of Rs.36,000/-. 3. Even though a middle aged person gets his fracture healed, it cannot be said that he would be otherwise normal as he was before the accident. There will be impact of the injury upon the remaining period of life. Moreover, he was a coolie worker who has to necessarily use his limbs in order to get his liveli¬hood. He has also dependants. Therefore, once the accident and sustaining of the fracture in the left hand of the injured are proved, the just compensation is to be arrived at. 4. I have gone through the award passed by the learned trial Judge. He has taken into consideration all the surrounding circumstances and, therefore, the compensation of Rs. 36,000/- more particularly in the facts and circumstances of the case, cannot be said to be excessive. Similarly when the medical bills of Rs.20,000/- were paid, award of Rs.15,000/- towards medical expenses is acceptable. For the loss of income, award of Rs.900/- is not excessive as it is evident that he was an indoor patient for twenty days. Thereafter he felt difficulty in doing work. Similarly when the medical bills of Rs.20,000/- were paid, award of Rs.15,000/- towards medical expenses is acceptable. For the loss of income, award of Rs.900/- is not excessive as it is evident that he was an indoor patient for twenty days. Thereafter he felt difficulty in doing work. Award of Rs.5,000/- for pain and suffering is also not excessive. 6. It was brought to my notice that the award of Rs. 3,000/- for the expenses towards attending the injured, is too much and that if one is permitted for twenty days to attend the injured in the hospital and even his expense is taken as Rs. 50/- per day, the total comes to Rs. 1000/-. Therefore, in that view of the matter, out of the award passed by the learned trial Judge, for the expenses towards attending the injured, a sum of Rs. 2,000/- is hereby reduced. 7. The learned counsel for the Insurance Company submitted that there is violation of policy condition in as much as the injured has travelled in the cabin of the lorry for which he sustained the injury out of the accident. There is no evidence that the injured was travelling as a passenger in the lorry. He was not proved to have paid for his journey. In the absence of such evidence, I am not inclined to accept the case of the Insur¬ance Company that the injured was travelling as a passenger in the lorry for which there is violation of the policy condition. Accordingly the Appeal is allowed in part. Appeal allowed in part.