Judgment :- This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Decree and Judgment made in MACT.OP No.97 of 2001 dated 211. 2006 on the file of the Motor Accident Claims Tribunal Cum Fast Track Court No.4, Coimbatore, sitting at Tiruppur. 2. Background facts in a nutshell are as follows:- The claimant was injured in a motor accident on 111. 2000 at about 10.15 p.m. The first respondent / claimant was proceeding in TVS-50 moped bearing Registration No.TN 39 J 4146 in the Seyur to Puliampatti Road towards northern side of Sandaipalayam Pirivu, along with one Senthilkumar and one Shanmugam, who are the pillion riders. At that time, a bus bearing Registration No.TN 33 N 1063 came from the opposite direction in a very rash and negligent manner and dashed against the moped. Due to the accident, the claimant sustained multiple injuries all over the body. Immediately, the claimant was taken to the Government Hospital, Tiruppur for treatment and later he was referred to Coimbatore Ramakrishna Hospital for intensive treatment. The claimant claimed a compensation of Rs.9,83,000/- before the Tribunal. The Transport Corporation resisted the claim. On the pleadings, 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 bus belonging to the appellant / Transport Corporation or not? 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 was of the view 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.4,22,910/-with interest at 7.5% 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 submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the bus belonging to the Transport Corporation. 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. 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 submitted that the Tribunal had considered all the relevant materials and evidence and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order of 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.P15 were marked. On the side of the Transport Corporation, one Ponnuswamy was examined as R.W.1 and no documents were marked. P.W.1 is the claimant. P.W.2 is the Doctor. Ex.P1 is the copy of First Information Report. Ex.P2 is the copy of the treatment details. Ex.P3 is the in-patient card. Ex.P4 is the Scan Report. Ex.P5 is the Salary Certificate. Ex.P6 is the medical bills. Ex.P7 is the medical bills in original. Ex.P8 and Ex.13 are the scan images. Ex.P10 is the copy of Wound Certificate. Ex.P11 is the Disability Certificate. X-rays are marked as Ex.P12. Ex.P14 is the Scan Report in original. Ex.P15 is the report given by the Eye Specialist. After considering the above oral and documentary evidence, the Tribunal came to the conclusion that the accident had occurred only due to the rash and negligent driving of the bus driver and awarded a compensation of Rs.4,22,910/-with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:- Rupees Loss of income 3,36,600/-Pain and suffering 50,000/-Transport expenses 3,000/-Medical expenses 25,300/-Nourishment 5,000/- Loss of marriage prospects 50,000/- 4,69,900/-Less 10% towards contributory negligence 46,990/- 4,22,910/-============== P.W.1, the claimant, has given oral evidence that it is only the bus belonging to the appellant came in a rash and negligent manner and caused the accident. From Ex.P1, F.I.R., it is clear that only the bus belonging to the appellant came in a rash and negligent manner and dashed against the claimant. The claimant and two others were travelling in the said moped, but the vehicle was driven slowly and cautiously. From Ex.P1, F.I.R., it is clear that only the bus belonging to the appellant came in a rash and negligent manner and dashed against the claimant. The claimant and two others were travelling in the said moped, but the vehicle was driven slowly and cautiously. After considering the oral and documentary evidence, the Tribunal held that there is also a contributory negligence on the part of the claimant to the extent of 10% and hence the Tribunal fixed the contributory negligence of the claimant at 10% and awarded a compensation of Rs.4,22,910/- with interest at 7.5% p.a. from the date of petition. 6. The age of the claimant was 20 years at the time of accident. He was working in a Private Company at Tiruppur and earning Rs.6,000/-per month. After the accident, the claimant sustained injuries, viz. fracture in the shoulder, injuries in the right eye and he was treated in the Government Hospital, Tiruppur and later referred to P.S.G. Hospital, Coimbatore where he was treated as in-patient. He has also undergone operation in his right eye and he completely lost sight of his eye. Ex.P3 is the in-patient card given by the P.S.G. Hospital. Ex.P4 is the Scan Report. P.W.2 is the Doctor who has given oral evidence that he has examined the claimant and that the claimant has lost his right eye sight and also sustained head injuries and fracture on his right hand. He has given a certificate that there is 63% disability. Ex.P10 is the wound certificate. X-rays are marked as Ex.P12. Ex.P8 and Ex.P13 are the scan images. Ex.P14 is the scan report. The claimant was also treated as in-patient from 21.05.2001 to 10.06.2001. As there is no documentary evidence to prove that the claimant was earning Rs.6,000/- per month, the Tribunal had taken Rs.3,000/-as the monthly salary and fixed the disability at 55% as against 63% fixed by the Doctor, adopted 17 multiplier and computed the loss of income at Rs.3,36,000/- as follows:- Rs.3,000/- x 55% / 100 = Rs.1,650/- Rs.1,650/- x 12 months = Rs.19,800/- Rs.19,800/- x 17 = Rs.3,36,600/- The Tribunal correctly determined the monthly as well as annual income and also adopted the correct multiplier. Hence the amount awarded by the Tribunal towards loss of income is confirmed. The Tribunal has awarded a sum of Rs.3,000/- towards transport expenses and Rs.5,000/-towards nourishment, which are reasonable and hence they are confirmed. Hence the amount awarded by the Tribunal towards loss of income is confirmed. The Tribunal has awarded a sum of Rs.3,000/- towards transport expenses and Rs.5,000/-towards nourishment, which are reasonable and hence they are confirmed. The Tribunal has awarded a sum of Rs.25,300/-towards medical expenses. Relying on Ex.P6-medical bills, the Tribunal has awarded Rs.25,300/- towards medical expenses. It is an actual expenditure and hence the amount awarded towards medical expenses at Rs.25,300/-is confirmed. The Tribunal has awarded a sum of Rs.50,000/-towards pain and suffering. After taking into consideration of the nature of the injuries stated above, it would be appropriate and reasonable to reduce the amount awarded towards pain and suffering to Rs.30,000/-. Accordingly the amount awarded by the Tribunal towards pain and suffering is reduced to Rs.30,000/-. The Tribunal has awarded a sum of Rs.50,000/- towards loss of marriage prospects. Taking into consideration of the injuries, I feel that the Tribunal is correct in awarding Rs.50,000/-towards loss of marriage prospects and hence the same is confirmed. The details of the modified compensation are as under:- Rupees Loss of income 3,36,600/- Pain and suffering 30,000/- Transport expenses 3,000/- Medical expenses 25,300/- Nourishment 5,000/- Loss of marriage prospects 50,000/-4,49,900/-Less 10% towards Contributory negligence 44,990/- 4,04,910/- ============== Therefore, the claimant is entitled to the modified compensation of Rs.4,04,910/-as against the compensation of Rs.4,22,910/-awarded by the Tribunal. The interest rate awarded by the Tribunal at 7.5% p.a. from the date of petition is very reasonable and hence the same is confirmed. 7. It is stated that the entire award amount has been deposited. Hence, the claimant is permitted to withdraw a sum of Rs.4,04,910/-with interest at 7.5% p.a. from the date of petition, after adjusting the amount if any, already withdrawn. The Transport Corporation is also permitted to withdraw the balance amount on making proper application. 8. The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, M.P.No.1 of 2007 is closed. No costs.