Judgment :- These Civil Miscellaneous Appeals are filed by the Transport Corporation against the common award dated 15.04.1999 made in MCOP Nos.3412, 3414, 3413, 3411 and 3410 of 1995 by the Motor Accident Claims Tribunal, (VI Judge, Court of Small Causes), Chennai). 2. The Background facts in a nutshell are as follows: The claimants are tourist passengers. On 08.05.1995 at 3.30 p.m all the claimants/respondents were proceeding from Bangalore to Mysore in a bus bearing registration No.TN-33-P.1441. When the bus was nearing Osapudanur on the Mysore-Calicut road, another bus belonging to the Karnataka Transport Corporation bearing registration No.KA-09-F-1513 came from opposite direction in a rash and negligent manner and dashed against the tourist bus. Due to the accident, the claimants sustained injuries. The claimants claimed Rs.75,000/-, Rs.2,00,000/-, Rs.1,50,000/-Rs.50,000/- and Rs.60,000/- respectively as compensation before the Tribunal. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:- "1. Whether the accident had occurred due to the rash and negligent driving of the driver of the appellant bus or not? 2. What is the compensation the claimants are entitled to? If so, what is the amount and from whom?" After considering the 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 appellant-Transport Corporation bus and awarded a compensation of Rs.30,865/-in MCOP No.3412/1995, Rs.92,401 in MCOP No.3414/1995, Rs.91,976/- in MCOP No.3413/1995, Rs.26,585/- in MCOP No.3411/1995 and Rs.25,489/- in MCOP No.3410/1995 with 12% interest per annum from the date of petition and the details of the same are as under:- Aggrieved by that order, the Transport Corporation has filed the present appeals. 3. Learned counsel appearing for the appellant-Transport Corporation questioned only quantum of compensation awarded by the Tribunal and vehemently contended that the Tribunal has erred in awarding the amount towards disability. It is further submitted that the amount awarded by the Tribunal is exorbitant, without any basis and justification and, therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside. 4. Learned counsel appearing for the respondents/ claimants submitted that the Tribunal had considered all the relevant materials and evidence available on record and came to the right conclusion and awarded a just, fair and reasonable compensation. 4. Learned counsel appearing for the respondents/ claimants submitted that the Tribunal had considered all the relevant materials and evidence available on record and came to the right conclusion and awarded a just, fair and reasonable compensation. Hence the order of the Tribunal is in accordance with law and the same has to be confirmed. 5. Heard the counsel. On the side of the claimants, witnesses P.Ws.1 to 5 were examined and documents Exs.P1 to P25 were marked. On the side of the appellant-Transport Corporation R.W,1 was examined and no document was marked to support their claim. P.W.1 is one Gnanasekaran, who is the claimant in MCOP No.3410/1995. PW2 is one Poongodi, who is the claimant in MCOP No.3412/1995. PW3 is one Saraswathi, who is the claimant in MCOP No.3413/1995. PW4 is one Annadurai, who is the father of minor Arun and the claimant in MCOP No.MCOP 3414/1995. PW5 is the Dr. Thiagarajan. RW1 is the one Singappa, who is the driver of the appellant-Transport Corporation. Ex.P1 is the OP Chit. Ex.P2 is the wound certificate. Ex.P3 is the Certificate relating to the treatment taken at Putthur. Ex.P5 is the copy of the First Information Report. Ex.P7 is the Wound certificate. Ex.P8 is the medical bills. Ex.P9 is the OP Chit. Ex.P10 is the X-ray. Ex.P11 is the Medical records. Ex.P12 is the Medical bills. Ex.P13 is the Wound certificate. Exs.P14 to P17 are the Discharge summaries. Ex.P18 are the medical bills. Exs.P19 and P20 are the Discharge summaries. Exs.P21 to P25 are the Wound certificates. After considering the above evidence, 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 appellant-Transport Corporation bus and the finding is based on valid materials and evidence. CMA No.713 of 2000(MCOP No.3412/1995) 6. Due to the accident, the claimant suffered fracture in her right hand and also her tooth has become unstable in lower jaw and lost her tooth in upper jaw. She has deposed as PW2 and stated that she took treatment at St. John Medical College Hospital, Bangalore and later at Ramachandra Hospital, Porur, Chennai. PW5, Dr.Thiagarajan, who examined the claimant has assessed the disability at 35% and issued Ex.P23 disability certificate. The Tribunal after considering the oral and documentary evidence, has awarded a sum of Rs.25,000/-towards disability. She has deposed as PW2 and stated that she took treatment at St. John Medical College Hospital, Bangalore and later at Ramachandra Hospital, Porur, Chennai. PW5, Dr.Thiagarajan, who examined the claimant has assessed the disability at 35% and issued Ex.P23 disability certificate. The Tribunal after considering the oral and documentary evidence, has awarded a sum of Rs.25,000/-towards disability. After taking into consideration the injuries sustained by the claimant, I feel that the amount awarded by the Tribunal is very reasonable and the same is confirmed. The Tribunal has also awarded a sum of Rs.3,000/- towards pain and suffering, Rs.1,000/-towards Transport charges, Rs.1000/- towards extra nourishment and Rs.865/- towards medical expenses, which was supported by Ex.P12 Medical bills. Taking into consideration the nature of injuries sustained, I feel that the Tribunal has correctly awarded under these heads and the same are confirmed. The Tribunal has fixed the rate of interest at 12% p.a from the date of petition. The date of accident was 08.05.1995. The learned counsel appearing for the appellant-Transport Corporation has submitted that the prevailing rate of interest at the time of the accident is 9%. Hence, the interest awarded by the Tribunal at the rate of 12% p.a. is modified to 9% from the date of petition. Accordingly, the claimant is entitled to the award amount of Rs.30,865/-with interest at 9% from the date of petition. CMA No.714 of 2000(MCOP No.3414/1995) 7. The claimant is the minor Arun. He was represented by his father Annadurai, who deposed as PW3. Due to the accident, the claimant suffered fracture on his forehead and stab injury in his lower jaw. PW3 has stated that after the accident, his son was admitted in St. John Hospital as inpatient for 13 days and later at Rajeswari Clinic as inpatient. He further deposed that due to the accident, his sons school studies were affected and he felt very weak and often he was getting head ache and giddiness. He also stated that there was deformity in his sons face. PW5, Dr.Thiagarajan, who examined the claimant, has assessed the disability at 75% and issued Ex.P25 disability certificate on the basis of Ex.P19 discharge summary. The Tribunal after considering the oral and documentary evidence, has awarded a sum of Rs.60,000/- towards disability. He also stated that there was deformity in his sons face. PW5, Dr.Thiagarajan, who examined the claimant, has assessed the disability at 75% and issued Ex.P25 disability certificate on the basis of Ex.P19 discharge summary. The Tribunal after considering the oral and documentary evidence, has awarded a sum of Rs.60,000/- towards disability. The learned counsel appearing for the appellant-Transport Corporation vehemently contended that the Tribunal ought not to have awarded a compensation of Rs.60,000/- towards permanent disability and the amount awarded under this head is very high. Taking into consideration the injuries sustained by the claimant, who is the minor, I feel that it would be appropriate to award a sum of Rs.55,000/- under this head instead of Rs.60,000/-. The Tribunal has also awarded a sum of Rs.5,000/-towards pain and suffering, Rs.2,000/- towards Transport charges, Rs.2000/- towards extra nourishment and Rs.23,401/- towards medical expenses, which was supported by Ex.P20 series of Medical bills. Taking into consideration the nature of injuries sustained, I feel that the Tribunal has correctly awarded the compensation under these heads and the same are confirmed. The Tribunal has fixed the rate of interest at 12% p.a from the date of petition. The date of accident was 08.05.1995. The learned counsel appearing for the appellant-Transport Corporation has submitted that the prevailing rate of interest at the time of the accident was 9%. Hence, the interest awarded by the Tribunal at the rate of 12% p.a. is modified to 9% from the date of petition. The details of the modified compensation as per the above discussion are as under: Permanent disability Rs.55,000/- Pain and suffering Rs. 5,000/- Transport charges Rs. 2,000/- Extra nourishment Rs. 2,000/- Medical bills Rs.23,401/- Total Rs.87,401/- Accordingly, the compensation awarded by the Tribunal is modified to Rs.87,401/-instead of Rs.92,401/- with interest at 9% per annum from the date of petition. CMA No.1552 of 2000(MCOP No.3413/1995) 8. The claimant is the injured. Due to the accident, the claimant suffered fracture on her right hand. She has deposed as PW4 and stated that after the accident, she took treatment at St. John Hospital as inpatient and later at Guest Hospital from 15.05.95 t0 23.05.1995, which is evident from Ex.P15. She also took treatment at AKN Nursing Home from 17. 95 to 17. 95 and marked Ex.P16 to substantiate her claim. She has deposed as PW4 and stated that after the accident, she took treatment at St. John Hospital as inpatient and later at Guest Hospital from 15.05.95 t0 23.05.1995, which is evident from Ex.P15. She also took treatment at AKN Nursing Home from 17. 95 to 17. 95 and marked Ex.P16 to substantiate her claim. She further stated that plastic surgery was done and at the time of the accident she was studying II B.A Degree Course and due to the accident, she is unable to raise her hand as before and she is not getting any job. PW5, Dr.Thiagarajan, who examined the claimant has assessed the disability at 65% and issued Ex.P24 disability certificate. The Tribunal, after considering the oral and documentary evidence, came to the conclusion that PW5 was not the Orthopaedic Surgeon and he was only a Physician and has awarded a sum of Rs.50,000/- towards permanent disability. Learned counsel appearing for the appellant also vehemently contended that the Tribunal is right in disbelieving the disability assessed by PW5. After considering the facts and circumstances of the case, I feel that the amount awarded under this head is very high. Hence, it would be appropriate to award a sum of Rs.42,500/- under this head instead of Rs.50,000/-. The Tribunal has also awarded a sum of Rs.5,000/- towards pain and suffering, Rs.2,000/-towards transport charges, Rs.2,000/- towards extra nourishment and Rs.32,976/-towards medical expenses, which was supported by Ex.P18 series of Medical bills. Taking into consideration the nature of injuries sustained, I feel that the Tribunal has correctly awarded the compensation under these heads and the same are confirmed. The Tribunal has fixed the rate of interest at 12% p.a from the date of petition. The date of accident was 08.05.1995. The learned counsel appearing for the appellant-Transport Corporation has submitted that the prevailing rate of interest at the time of the accident is 9%. Hence, the interest awarded by the Tribunal at the rate of 12% p.a. is modified to 9% from the date of petition. The details of the modified compensation as per the above discussion are as under: Permanent disability Rs.42,500/- Pain and suffering Rs. 5,000/- Transport charges Rs. 2,000/- Extra nourishment Rs. 2,000/- Medical bills Rs.32,976/- Total Rs.84,476/- Accordingly, the compensation awarded by the Tribunal is modified to Rs.84,476/-instead of Rs.91,976/- with interest at 9% per annum from the date of petition. The details of the modified compensation as per the above discussion are as under: Permanent disability Rs.42,500/- Pain and suffering Rs. 5,000/- Transport charges Rs. 2,000/- Extra nourishment Rs. 2,000/- Medical bills Rs.32,976/- Total Rs.84,476/- Accordingly, the compensation awarded by the Tribunal is modified to Rs.84,476/-instead of Rs.91,976/- with interest at 9% per annum from the date of petition. CMA No.1553 of 2000(MCOP No.3411/1995) 9. The claimant is the minor Vivekanandan. He was represented by his father Gnanasekaran, who deposed as PW1. Due to the accident, the claimants right hand pierced for 2 cm and there was a scar on his face. He took treatment at St. John Medical College Hospital, Bangalore and later at Ramachandra Hospital, Porur, Chennai, for a period of 15 days. PW5, Dr.Thiagarajan, who examined the claimant has assessed the disability at 30% and issued Ex.P22 disability certificate. The Tribunal after considering the oral and documentary evidence, has awarded a sum of Rs.20,000/- towards disability. After taking into consideration the injuries sustained by the claimant and he took treatment as inpatient from 19.06.95 to 7. 95 at Ramachandra Medical College Hospital, Porur, I feel that the amount awarded by the Tribunal is very reasonable and the same is confirmed. The Tribunal has also awarded a sum of Rs.3,000/- towards pain and suffering, Rs.1,000/- towards Transport charges, Rs.1000/- towards extra nourishment and Rs.1585/- towards medical expenses, which was supported by Ex.P8 Medical bills. Taking into consideration the nature of injuries sustained, I feel that the Tribunal has correctly awarded the compensation under these heads and the same are confirmed. The Tribunal has fixed the rate of interest at 12% p.a from the date of petition. The date of accident was 08.05.1995. The learned counsel appearing for the appellant-Transport Corporation has submitted that the prevailing rate of interest at the time of the accident is 9%. Hence, the interest awarded by the Tribunal at the rate of 12% p.a. is modified to 9% from the date of petition. Accordingly, the claimant is entitled to the award amount of Rs.26,585/- with interest at 9% from the date of petition. CMA No.1554 of 2000(MCOP No.3410/1995) 10. The claimant is the Gnanasekaran, who deposed as PW1. He was the Technical Supervisor in Telephone Department and was earning Rs.5,000/- per month. Accordingly, the claimant is entitled to the award amount of Rs.26,585/- with interest at 9% from the date of petition. CMA No.1554 of 2000(MCOP No.3410/1995) 10. The claimant is the Gnanasekaran, who deposed as PW1. He was the Technical Supervisor in Telephone Department and was earning Rs.5,000/- per month. Due to the accident, there was a fracture in his right shoulder and he was unable to lift his right hand as before and also to attend the work for 1 ½ months. He has stated in his evidence that he took treatment at St. John Medical College Hospital, Bangalore and later at Puttur. PW5, Dr.Thiagarajan, who examined the claimant has assessed the disability at 20% and issued Ex.P21 disability certificate. The Tribunal, after considering the oral and documentary evidence, has awarded a sum of Rs.20,000/- towards disability. After taking into consideration the injuries sustained by the claimant, I feel that the amount awarded by the Tribunal is very reasonable and the same is confirmed. The Tribunal has also awarded a sum of Rs.3,000/- towards pain and suffering, Rs.1,000/-towards Transport charges, Rs.1000/- towards extra nourishment and Rs.490/-towards medical expenses, which was supported by Ex.P4 Medical bills. Taking into consideration the nature of injuries sustained, I feel that the Tribunal has correctly awarded the compensation under these heads and the same is confirmed. The Tribunal has fixed the rate of interest at 12% p.a from the date of petition. The date of accident was 08.05.1995. The learned counsel appearing for the appellant-Transport Corporation has submitted that the prevailing rate of interest at the time of the accident is 9%. Hence, the interest awarded by the Tribunal at the rate of 12% p.a. is modified to 9% from the date of petition. Accordingly, the claimant is entitled to the award amount of Rs.25,490/- with interest at 9% from the date of petition. 11. It is represented by the learned counsel appearing for the appellant-Transport Corporation that already entire award amounts have been deposited. The learned counsel appearing for the respondents has represented that the minors have now attained majority. In such circumstances, the respondents-claimants are permitted to withdraw the modified award amount of Rs.30,865 in CMA No.713/2000, Rs.87,401/-in CMA No.714/2000, Rs.84,476/- in CMA No.1552/2000, Rs.26,585/-in CMA No.1553/2000 and Rs.25,490/- in CMA No.1554/2000 with interest at 9% from the date of petition, after adjusting the amount if any, already withdrawn. In such circumstances, the respondents-claimants are permitted to withdraw the modified award amount of Rs.30,865 in CMA No.713/2000, Rs.87,401/-in CMA No.714/2000, Rs.84,476/- in CMA No.1552/2000, Rs.26,585/-in CMA No.1553/2000 and Rs.25,490/- in CMA No.1554/2000 with interest at 9% from the date of petition, after adjusting the amount if any, already withdrawn. The appellant-Transport corporation is also permitted to withdraw the balance amount, if any, on making proper application. 12. With the above modification, the Civil Miscellaneous Appeals are disposed of. No costs.