Judgment :- This Civil Miscellaneous Appeal is filed by the Insurance Company against the judgment and decree made in MCOP No.352 of 2003 dated 26.07.2005 on the file of the Principal Sub Court, Motor Accidents Claims Tribunal, Gobichettipalayam. 2. Background facts in a nutshell are as follows:- The claimant was injured in a road traffic accident on 21.05.2002. On 21.05.2002 at about 10.30 p.m., the first respondent / claimant was riding the motorcycle bearing Registration No.TN-20-A-6337 from south to north direction on the Kunnathur to Athiyur Road. When he was nearing Thiruvaimudaliyur Milk Society, another motorcycle bearing Registration No.TN-28-7899, driven by one Ravi Kumar in a rash and negligent manner, came from the opposite direction without horn and suddenly dashed against the motorcycle of the claimant. Due to the accident, the claimant sustained severe injuries all over the body. The claimant claimed a compensation of Rs.12,15,000/-but restricted to Rs.10,00,000/- before the Tribunal. The motorcycle bearing Registration No.TN-28-7899 was insured with the appellant / Insurance Company. The Insurance Company resisted the claim. On pleading, the following issues were framed by the Tribunal:- a) Whether the accident had occurred due to the rash and negligent driving of the driver of the motorcycle which was insured with the appellant / Insurance Company? b) Whether the claimant is entitled for any compensation? If so, what is the amount and from whom? After considering the oral and documentary evidence, the Tribunal has awarded a compensation of Rs.4,19,400/- with interest at 6% p.a. from the date of petition. Aggrieved by the award, the Insurance Company has filed the present appeal. 3. Learned counsel appearing for the Insurance Company has submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the motorcycle insured with the appellant / Insurance Company. It is also submitted that the award of the Tribunal is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside. 4. Learned counsel appearing for the first respondent / claimant has submitted that the Tribunal had considered all the relevant materials and evidence available on record 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 available on record 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, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P8 were marked. On the side of the Insurance Company, one Pushpanathan was examined as R.W.1 and Ex.R1 and Ex.R2 were marked. P.W.1 is the claimant. P.W.2 is Dr.Periaswamy. Ex.P1 is the attested copy of First Information Report. Ex.P2 is the attested copy of wound certificate. Ex.P3 and Ex.P4 are the attested copies of Motor Vehicle Inspectors Reports. Ex.P5 is the Discharge Summary. Ex.P6 is the medical receipts. Ex.P7 is the Disability Certificate. Ex.P8 is the X-rays. Ex.R1 is the Enquiry Report. Ex.R2 is the Insurance Policy. After considering these materials and evidence, the Tribunal awarded a compensation of Rs.4,19,400/- with interest at 6% p.a. from the date of petition. The details of the compensation are as under:- Rupees Loss of income 3,02,400/-Medical expenses 1,12,000/- Pain and suffering 3,000/- Extra nourishment 2,000/- Total... 4,19,400/- ============== P.W.1 is the claimant himself. He has given evidence that on 21.05.2002, at about 10.00 p.m., he was riding the motorcycle bearing Registration No.TN-20-A-6337 from south to north direction on the Kunnathur to Athiyur Road, following the traffic rules and regulations and when he was nearing Thiruvaimudaliyur Milk Society, one Ravikumar, driving the motorcycle bearing Registration No.TN-28-7899 which was insured with the appellant / Insurance Company, came from the opposite direction in a rash and negligent manner and dashed against the motorcycle of the claimant. Ex.P1 is the attested copy of First Information Report. Ex.P2 is the attested copy of wound certificate. Ex.P3 and Ex.P4 are the attested copies of Motor Vehicle Inspectors Reports. Ex.R2 is the Insurance Policy. From the F.I.R., it is clear that the Kunnathur Police Station charge sheeted the rider of the motorcycle under Sections 279, 337 and 304(A) IPC. After considering these oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the motorcycle insured with the appellant / Insurance Company. The age of the claimant was 40 years at the time of accident. After considering these oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the motorcycle insured with the appellant / Insurance Company. The age of the claimant was 40 years at the time of accident. It was stated that the claimant was doing Electrical Contract Work and deriving Rs.5,000/- per month. Due to the accident, he sustained injuries all over the body. The nature of injuries are:- "fracture of right femur, right leg, both bones right forearm, fracture PPX 2nd toe (R) side, injuries on chest, head, face, hip and all over his body." Immediately the claimant was taken to Ganga Hospital, Coimbatore and admitted as in-patient for 15 days. He was also taking treatment as out-patient for the said injuries and operations were conducted on his right femur, leg, forearm with skin and bone grafting. The family of the claimant consists of his wife, two minor daughters, one minor son and parents. Ex.P2 is the wound certificate, Ex.P5 is the Discharge Summary and Ex.P8 is the X-rays. In the Disability Certificate, Ex.P7, it is stated that the claimant was suffering 64% disability. After considering the same, the Tribunal fixed the disability at 60%. After considering the facts and circumstances of the case, the Tribunal fixed the monthly salary of the claimant at Rs.2,800/-and thereafter taking into consideration of 60% disability, Tribunal determined the loss of monthly income at Rs.1,680/- and calculated the annual income at Rs.20,160/- (Rs.1,680/-x 12). After taking into consideration the age of the claimant, viz., 40 years at the time of accident and applying the multiplier as contemplated in the Schedule, the Tribunal adopted 15 multiplier and determined the loss of income at Rs.3,02,400/- (Rs.20,160/-x 15). After considering the facts and circumstances of the case, I feel that the Tribunal has correctly determined the monthly as well the annual income and adopted the correct multiplier. Hence the amount awarded by the Tribunal towards loss of income at Rs.3,02,400/- is confirmed. The Tribunal has awarded a sum of Rs.1,12,000/-towards medical expenses. Ex.P6 is the medical receipts. Relying on Ex.P6, the Tribunal has awarded Rs.1,12,000/-towards medical expenses. It is an actual expenditure. Hence the amount awarded towards medical expenses is confirmed. The Tribunal has awarded a sum of Rs.3,000/-towards pain and suffering and Rs.2,000/-towards extra nourishment. The Tribunal has awarded a sum of Rs.1,12,000/-towards medical expenses. Ex.P6 is the medical receipts. Relying on Ex.P6, the Tribunal has awarded Rs.1,12,000/-towards medical expenses. It is an actual expenditure. Hence the amount awarded towards medical expenses is confirmed. The Tribunal has awarded a sum of Rs.3,000/-towards pain and suffering and Rs.2,000/-towards extra nourishment. Taking into consideration the facts and circumstances of the case, I feel that the amounts awarded towards pain and suffering and extra nourishment are reasonable and hence they are confirmed. The interest rate fixed by the Tribunal at 6% p.a. from the date of petition is reasonable and hence the same is confirmed. The findings of the Tribunal are based on valid materials and evidence and I do not find any error or legal infirmity in the order of the Tribunal so as to warrant interference. 6. In view of the foregoing reasons, the compensation awarded by the Tribunal at Rs.4,19,400/- with interest at 6% p.a. from the date of petition is confirmed. Accordingly, the Civil Miscellaneous Appeal is dismissed. Consequently, M.P.No.1 of 2007 is closed. No costs. 7. The Insurance Company is directed to deposit Rs.4,19,400/-with interest at 6% p.a. from the date of petition, after adjusting the amount if any, already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the entire amount from the deposit.