Judgment :- This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgment and Decree dated 24.01.2000 made in MCOP No.984/94 on the file of Motor Accidents Claims Tribunal (I Additional Sub Judge), Coimbatore. 2. The background facts in a nutshell are as follows:- On 23.06.1994 at about 8.15 p.m., a bus belonging to the appellant Transport Corporation, bearing Registration No.TCB 1390, Route No.26, stopped at the Veerapandipudur bus stop. At that time, the first respondent / claimant and some other passengers were getting off from the said bus in the left front steps. All of a sudden, the driver took the bus in the reverse side in a rash and negligent manner without following the traffic rules. In view of the same, the left front wheel of the bus ran over on the left foot of the claimant. Due to the accident, the claimants left foot was completely crushed. The claimant claimed a compensation of Rs.1,50,000/-before the Tribunal. The Transport Corporation resisted the claim. On pleading, the Tribunal framed the following issues:- a) Whether the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the Transport Corporation or not? b) Whether the claimant is entitled to compensation or not? If so, what is the amount and from whom? After considering the oral and documentary evidence, the Tribunal was of the view that the accident had occurred due to the rash and negligent driving of the bus belonging to the Transport Corporation and awarded a compensation of Rs.55,400/- with interest at 12% p.a. from the date of petition. Aggrieved by the award, the Transport Corporation has filed the present appeal. 3. Learned counsel appearing for the Transport Corporation vehemently contended that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the bus driver. It is also submitted that the Tribunal has awarded excessive and exorbitant compensation without basis and justification. Hence the order passed by the Tribunal is not in accordance with law. 4. Learned counsel appearing for the first respondent / claimant has submitted that the Tribunal had considered all the relevant materials and evidence on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order passed by the Tribunal is in accordance with law. 5. Heard the counsel. 4. Learned counsel appearing for the first respondent / claimant has submitted that the Tribunal had considered all the relevant materials and evidence on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order passed by the Tribunal is in accordance with law. 5. Heard the counsel. On the side of the claimant, P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P13 were marked. On the side of the Transport Corporation, one R.W.1 was examined and no documents were marked. P.W.1 is the claimant. P.W.2 is Dr.Dinakar Rai. Ex.P1 is the attested copy of First Information Report. Ex.P2 is the certificate given by P.S.G. Hospital. Ex.P4 is the medical receipts. Ex.P5 is the medical slip given by Bishop Walls Hospital. Ex.P6 is the receipt for transport expenses. Ex.P7 is the attested copy of wound certificate. Ex.P8 is the attested copy of charge sheet. Ex.P9 is the attested copy of Motor Vehicle Inspectors Report. Ex.P10 is the attested copy of rough sketch. Ex.P11 is the certificate given by Bharat Mills. Ex.P12 is the certificate given by Bishop Walls Hospital. Ex.P13 is the Disability Certificate given by P.S.G. Hospital. R.W.1 is one Chinraj, driver of the bus. After considering the materials and evidence available on record, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the bus belonging to the Transport Corporation and awarded a compensation of Rs.55,400/-with interest at 12% p.a. from the date of petition. The details of the compensation are as under:- Rupees Pain and suffering 25,000/- Permanent disability 10,000/- Loss of income 15,600/- Medical expenses 4,650/- Transport expenses 150/- Total... 55,400/- ============== Due to the accident, the claimants left foot was completely crushed. He was immediately taken to P.S.G. Hospital, Peelamedu, Coimbatore and admitted at Ortho Ward on 23.06.1994 and discharged on 04.07.1994. The injuries sustained by the claimant are:- "Grievous injury, Fracture Distal Phalenx great toe at left leg and laceration about 12cm dorsum of left leg." The claimant was 45 years at the time of accident. He is a permanent resident of Zameen Uthukuli, Pollachi, Coimbatore District. He is a Rice Mill employee at Bharat Mills, Meenkarai Post, Zameen Uthukuli, Pollachi and he is getting a salary of Rs.1,560/- per month. He is a permanent resident of Zameen Uthukuli, Pollachi, Coimbatore District. He is a Rice Mill employee at Bharat Mills, Meenkarai Post, Zameen Uthukuli, Pollachi and he is getting a salary of Rs.1,560/- per month. Due to the accident, the claimant is not in a position to move a bit and to stand for sometime. Ex.P2 is the certificate given by P.S.G. Hospital. Ex.P12 is the certificate given by Bishop Walls Hospital. Ex.P13 is the Disability Certificate given by P.S.G. Hospital. Relying on these evidence, the Tribunal awarded a sum of Rs.25,000/- towards pain and suffering. Learned counsel appearing for the appellant vehemently contended that the award amount granted by the Tribunal towards pain and suffering is excessive and exorbitant, when it had already awarded Rs.15,600/-towards loss of income and Rs.10,000/- towards permanent disability and also the Doctor has given certificate that only there is 10% disability. Taking into consideration of the above, I feel that it would be appropriate and reasonable to award a sum of Rs.20,000/-towards pain and suffering instead of Rs.25,000/-awarded by the Tribunal. Hence the amount of Rs.25,000/- awarded by the Tribunal towards pain and suffering is modified to Rs.20,000/-. The Tribunal has awarded a sum of Rs.10,000/- towards permanent disability. Ex.P7 is the wound certificate. P.W.2, the Doctor, has given evidence that there is only 10% disability. Taking into consideration of the same, I feel that the amount granted by the Tribunal towards permanent disability is reasonable and hence the same is confirmed. The Tribunal has awarded a sum of Rs.15,600/-towards loss of income. The claimant claimed that he was earning Rs.1,500/-per month. Ex.P11 is the certificate given by Bharat Mills, which is dated 09.08.1995. Relying on Ex.P11, the Tribunal has taken the monthly income of the claimant as Rs.1,500/- and determined the annual income at Rs.18,000/- (Rs.1,500/-x 12). After deducting 1/3rd of the amount towards personal expenses, the Tribunal arrived at an amount of Rs.12,000/-. As the disability is 10%, the Tribunal had taken 10% of Rs.12,000/-and determined the annual income at Rs.1,200/-. The age of the claimant was 40 years at the time of accident. Hence the Tribunal adopted 13 multiplier and determined the loss of income at Rs.15,600/- (Rs.1,200/- x 13). The Tribunal had correctly determined the monthly as well as annual income and adopted the correct multiplier. The age of the claimant was 40 years at the time of accident. Hence the Tribunal adopted 13 multiplier and determined the loss of income at Rs.15,600/- (Rs.1,200/- x 13). The Tribunal had correctly determined the monthly as well as annual income and adopted the correct multiplier. The Tribunal has awarded a sum of Rs.4,650/- towards medical expenses by relying on Ex.P4-medical receipts, which is very reasonable and hence it is confirmed. The Tribunal has also awarded a sum of Rs.150/- towards transport expenses, which is very reasonable and hence it is confirmed. Therefore, the details of the modified compensation as per the above discussion are as under:- Rupees Pain and suffering 20,000/- Permanent disability 10,000/-Loss of income 15,600/- Medical expenses 4,650/- Transport expenses 150/- Total... 50,400/- ============== Thus the claimant is entitled to the modified compensation of Rs.50,400/- as against the compensation of Rs.55,400/- awarded by the Tribunal. The interest rate fixed by the Tribunal at 12% p.a. from the date of petition is confirmed as the same was the prevailing rate at that time. 6. It is stated that the Transport Corporation has already deposited the entire compensation awarded by the Tribunal. Hence the claimant is permitted to withdraw the modified compensation of Rs.50,400/-with interest at 12% p.a. from the date of petition, after adjusting the amount if any, already withdrawn, from the deposit. The Transport Corporation is also permitted to withdraw the balance amount lying in the deposit on making proper application. 7. The Civil Miscellaneous Appeal is disposed of with the above modification. No costs.