Judgment :- The Civil Miscellaneous Appeal is filed by the Insurance Company against the Judgment and Decree dated 28.04.2006 made in MACTOP No.1005 of 2003 on the file of the Motor Accidents Claims Tribunal, (II Additional District Judge) Pondicherry. 2. Background facts in a nutshell are as under:- The first respondent/claimant was injured in a road accident on 11.03.2003. On 11.03.2003 at about 23.15 hours, the claimant was the pillion rider of the bicycle of the co-employee R.Mohan. He was coming from Uruvaiyur to Mangalam after completing tailoring work. While they were returning home, near A & F Company, Mangalam to Uruvaiyur Road, Pondicherry, a Bajaj motor cycle bearing registration No.PY 01 K 3973 driven by the driver of the second respondent came from West to East direction in a rash and negligent manner and dashed against the Cyclist and the claimant. Due to the accident, the claimant sustained grievous injuries and fracture at the left knee, nose and also multiple injuries all over the body. Immediately, the claimant was taken to the Primary Health Centre, Villianur and later to the Government General Hospital, Pondicherry. The claimant claimed a compensation of Rs.3,00,000/- before the Tribunal. The said motor cycle was insured with the appellant / Insurance Company, who 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 or not? b) Whether the claimant is entitled for any compensation or not? If so, what is the amount and from whom? After considering the oral and documentary evidence available on record, the Tribunal awarded a compensation of Rs.83,800/-with interest at 7.5% per annum 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 driver of the motor cycle. It is also submitted that the Tribunal had awarded excessive and exorbitant compensation, without basis and justification. It is also submitted that there is a contributory negligence on the part of the claimant. Hence the order passed by the Tribunal is not in accordance with law and the same should be set aside. 4. It is also submitted that the Tribunal had awarded excessive and exorbitant compensation, without basis and justification. It is also submitted that there is a contributory negligence on the part of the claimant. Hence the order passed by the Tribunal is not in accordance with law and the same should 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 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, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P10 were marked. On the side of the Insurance Company, no witnesses were examined and no documents were marked. P.W.1 is the claimant himself. P.W.2 is Dr.K.Ramanujam. Ex.P1 is copy of First Information Report. Ex.P2 is the copy of the Accident Inspection Report. Ex.P3 is the copy of the Insurance Certificate. Ex.P4 is the copy of the Wound Certificate. Ex.P5 is the copy of R.C. Book. Ex.P6 is the copy of driving licence. Ex.P7 is the discharge slip. Ex.P8 is the X-ray bill. Ex.P9 is the disability certificate. Ex.P10 is the X-ray. After considering these oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the motor cycle. The Tribunal has awarded a compensation of Rs.83,800/- with interest at 7.5% per annum from the date of petition. The details of the compensation are as under:- Rs. Future monetary loss 76,800/- Pain and suffering 5,000/- Transport charges 500/- Damages to the clothes 500/- Extra nourishment 1,000/- Total 83,800/- 6. P.W.1 is the claimant himself. The Tribunal has awarded a compensation of Rs.83,800/- with interest at 7.5% per annum from the date of petition. The details of the compensation are as under:- Rs. Future monetary loss 76,800/- Pain and suffering 5,000/- Transport charges 500/- Damages to the clothes 500/- Extra nourishment 1,000/- Total 83,800/- 6. P.W.1 is the claimant himself. He has given evidence that when he was a pillion rider of the bi-cycle of his co-employee viz., R.Mohan coming from Uruvaiyaru to Mangalam after completing tailoring work, near A & F company, Mangalam to Uruvaiyaru Road, Pondicherry, the Bajaj M-80 motor cycle bearing registration No.PY-01-K 3973 belonging to the first respondent and insured with the second respondent driven by the driver of the first respondent was coming from West to East in a rash and negligent manner and dashed against the cycle and due to the accident, he sustained fracture in left knee, nose and also multiple injuries all over the body. Ex.P1 is the F.I.R., in which it was stated that only the driver of the motor cycle driven the vehicle in a rash and negligent manner. Relying on the oral evidence of P.W.1 corroborated by Ex.P1-F.I.R., the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the motor cycle. It is based on valid materials and evidence and hence it is confirmed. 7. The other dispute in the present appeal is the Tribunal ought not to have granted Rs.76,800/- towards future monetary loss based on 35% disability. Ex.P2 is the wound certificate, in which, it is stated that the claimant sustained two injuries. PW-2 Doctor has referred the petitioner to the Government General Hospital Casualty for taking X-ray. After obtaining X-ray, the PW2 has given his opinion that the injuries sustained by the claimant are grievous in nature. In the X-ray, the Doctor has found that there was fracture in the nasal bone and on the basis of Ex.P10 X-ray, he assessed the disability at 35% and issued Ex.P9 disability certificate. The Tribunal without considering the oral and documentary evidence fixed the disability at only 20%. The claimant was 18 years at the time of the accident. He was earning Rs.100/-per day. Hence, the Tribunal fixed the daily income at Rs.100/- and fixed the monthly income at Rs.2,000/- notionally. The annual income works out to Rs.24,000/- (Rs.2,000/-x 12). The Tribunal without considering the oral and documentary evidence fixed the disability at only 20%. The claimant was 18 years at the time of the accident. He was earning Rs.100/-per day. Hence, the Tribunal fixed the daily income at Rs.100/- and fixed the monthly income at Rs.2,000/- notionally. The annual income works out to Rs.24,000/- (Rs.2,000/-x 12). Taking into consideration the age of the claimant, i.e. 18 years and the disability of 20%, adopted the multiplier of 16 and determined the loss of income at Rs.76,800/- (Rs.24,000/-x 16 x 20/100). Learned Counsel appearing for the Insurance Company vehemently contended that the Tribunal ought not to have awarded a sum of Rs.76,800/-towards future monetary loss by adopting multiplier method. The Tribunal should have taken into consideration Ex.P9 disability certificate and awarded a sum of Rs.35,000/-in respect of 35% disability. There is no serious dispute regarding the same. Hence, the claimant is entitled to Rs.35,000/- towards future monetary loss for 35% disability. Therefore, the claimant is entitled to Rs.35,000 /- as against the sum of Rs.76,800/-awarded by the Tribunal in respect of future monetary loss. The Tribunal has awarded a sum of Rs.5,000/-towards pain and suffering and mental agony, Rs.500/- towards transport charges, Rs.500/-towards damage to the clothes and Rs.1000/-towards extra nourishment, which are very reasonable and the same are confirmed. The details of the modified compensation are as under:- Rs. Future monetary loss 35,000/- Pain and suffering 5,000/- Transport expenses 500/- Damage to the cloths 500/- Extra nourishment 1,000/- Total 42,000/- ============ Therefore the claimant is entitled to the total compensation of Rs.42,000 /- as against the compensation of Rs.83,800/-awarded by the Tribunal. The interest rate awarded by the Tribunal at 7.5% p.a. from the date of petition is reasonable and hence the same is confirmed. 8. It is stated that the Insurance Company has already deposited 50% of the award amount with interest. In view of the same, the Insurance company is directed to deposit the modified amount as stated above with interest at 7.5% p.a. from the date of petition, after adjusting the amount already deposited, within a period of six weeks from the date of receipt of a copy of this order. The claimant is permitted to withdraw the modified sum of Rs.42,000/- with 7.5% interest p.a. from the date of petition, from the deposit, after adjusting the amount, if any, already withdrawn. The claimant is permitted to withdraw the modified sum of Rs.42,000/- with 7.5% interest p.a. from the date of petition, from the deposit, after adjusting the amount, if any, already withdrawn. The Insurance Company is also permitted to withdraw the balance amount, if any, available in the deposit, on making proper application. 9. The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, M.P.Nos.1 and 2 of 2007 are closed. No costs.