JUDGMENT : R. Sudhakar, J. 1. The appellant-Insurance Company has filed this appeal challenging the award only in relation to the quantum of compensation. It is a case of injury. On 31.12.1998 a bus bearing Registration No. JK09228 driven from Tangdhar to Kupwara met with an accident near Sadhna Top, as a result of which many persons died and some passengers travelling in the vehicle sustained injuries including the claimant. 2. The finding of the Tribunal on negligence of the driver and the liability of the owner of the vehicle and the Insurance Company to compensate the claimant is not disputed. The Tribunal has granted recovery rights to the Insurance Company and that is not an issue. 3. It is the case of the injured claimant that he was a labourer. In the accident, he suffered injury to his jaw bones and his ribs was also fractured. He therefore claimed compensation. 4. Based on the claim for compensation, Tribunal taking into consideration the evidence of the Doctor, the age of the claimant and the monthly income of Rs. 2500/-, granted Rs. 50,000/- on account of pain and sufferings and Rs. 60,000/- on account of medical expenses during hospitalisation, totalling Rs. 1,10,000/- with 4% interest. This is objected as excessive. 5. Heard Mr. Kawoosa, learned counsel for the appellant regarding quantum of compensation. 6. The injured claimant was a labourer earning Rs. 2500/- per month in the year 1998. Due to the serious injury, his earning capacity is affected. The Tribunal fixed the disability @ 50%. It however assessed the total compensation in the sum of Rs. 1,10,000/- only in respect of pain and suffering and medical expenses. 7. Mr. Kawoosa would plead chat the nature of compensation awarded by the Tribunal is inappropriate and excessive. The head on which it is granted is not correct. 8. This plea is tenable. However, taking note of the disability of 50% which is based on Doctor's evidence and the fact that injured claimant was a labourer and he suffered jaw injury and fracture of ribs and was in hospital for a long period of time, the compensation granted by the Tribunal does not appear to be excessive. Further, it is to be seen that no amount is awarded by the Tribunal under the other heads which it should have.
Further, it is to be seen that no amount is awarded by the Tribunal under the other heads which it should have. In such circumstances, the total compensation can be adjusted on different heads as follows: Pain and sufferings Rs.40,000/- For medical expenses Rs.30,000/- Loss of Income during period of treatment Rs.25,000/- Extra nutrition Rs.5,000/- Travelling and attendant charges Rs.10,000/- Total Rs.1,10,000/- 9. The interest of 4% is meagre. No case is made out for reducing the quantum of compensation. The appeal is dismissed.