Judgment :- The appeal is preferred by the appellant-Transport Corporation against the award dated 30.11.2005 made in MACTOP No.6 of 2004 by the Motor Accident Claims Tribunal, (Additional District and Sessions Court, Fast Track Court) Vellore. 2. Background facts in a nutshell are as follows: On 012. 2001 at about 8.45a.m., the claimant was proceeding as rider and his daughter as pillian rider, in Kinetic Safari V2 Moped bearing registration No.TN-25-x-178 to drop his daughter at Arni old bus stand near Karunamoorthy Tea Shop. At that time, the bus bearing registration No.TN-23-N-0655 belonging to the appellant-Transport Corporation, which driven by its driver in a rash and negligent manner and dashed against him. Due to the same, the claimants had sustained multiple bleeding injuries. Immediately after the accident, both of them were admitted in Government Hospital, Arni and later admitted in C.M.C. Hospital, Vellore for better treatment. The claimant claimed a sum of Rs.2,00,000/- as compensation. 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 by the driver of the appellant-Transport Corporation? 2.Whether the claimant is entitled for the compensation? 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 bus, which belonging to the appellant-Transport Corporation and awarded a compensation of Rs.1,14,434/- with interest at 7.5% per annum from the date of petition and the details of the same are as under:- Permanent disability Rs. 80,000/- Transport charges Rs. 5,000/- Medical expenses Rs. 21,934/- Extra nourishment Rs. 2,500/- Pain and suffering Rs. 5,000/- Total... Rs.1,14,434/- Aggrieved by that award, the appellant-Transport Corporation has filed the present appeal. 3. The learned counsel appearing for the appellant/Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and contended that the amount awarded by the Tribunal is excessive, exorbitant, without basis and justification and the Tribunal ought not to have awarded a consolidated sum of Rs.80,000/-towards permanent disability of 45% and that therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside. 4. 4. Learned counsel appearing for the first respondent/claimant submitted that the Tribunal had considered all the relevant materials and evidence 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 claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P10 were marked. On the side of the appellant-Transport Corporation no witness was examined and no document was marked to support their claim. P.W.1 is the claimant. PW2 is the Doctor Vinayaga Sundaram. Ex.P1 is the First Information Report. Ex.P2 is the Motor Vehicle Inspectors report. Ex.P3 is the wound certificate of the claimant. Ex.P4 is the charge sheet. Ex.P5 is the certified copy of the judgment passed in S.T.C.No.654 of 2002. Ex.P6 is the wound certificate of the claimant. Ex.P7 is the case sheet and discharge summary. Ex.P8 are the bills relating to the transport to hospital. Ex.P9 are the series of medical bills. Ex.P10 is the disability certificate relating to the claimant. After considering the oral and documentary 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 and the said finding is based on valid materials and evidence. 6. At the time of accident, the claimant was aged about 60 years. He is a Silk Cloth Merchant. Due to the accident, he had sustained following injuries: "1. Open fracture in the left 5th metatarsal. 2.7x6c.m laceration lateral aspect of left foot communicating with fracture side. 3. 5 x 3c.m laceration medical aspect of left." Immediately after the accident, he was admitted in Government Hospital, Arni. Later he took treatment at C.M.C. Hospital, Vellore as in patient from 012. 2001 to 112. 2001 i.e.,for a period of 13 days. Ex.P3 is the wound certificate. Ex.P7 is the discharge summary issued by C.M.C. Hospital, Vellore. PW1 has deposed that he underwent surgery on 012. 2001. PW2-Doctor Vinayaga Sundaran, who examined the claimant, has issued Ex.P10-Disability Certificate on 01.09.2005. He assessed the disability at 45%. Considering the oral and documentary evidence, the Tribunal has taken into consideration only 35% disability and awarded a consolidated sum of Rs.80,000/-towards permanent disability. PW1 has deposed that he underwent surgery on 012. 2001. PW2-Doctor Vinayaga Sundaran, who examined the claimant, has issued Ex.P10-Disability Certificate on 01.09.2005. He assessed the disability at 45%. Considering the oral and documentary evidence, the Tribunal has taken into consideration only 35% disability and awarded a consolidated sum of Rs.80,000/-towards permanent disability. The learned counsel appearing for the appellant-Transport Corporation vehemently contended that the Tribunal ought not to have awarded a sum of Rs.80,000/-towards permanent disability of 35%. Normally the Courts used to award Rs.1000/- to 2000/-per percentage of disability. Taking into consideration the disability of 35%, it would be reasonable to award a sum of Rs.2000/-per percentage of disability and the amount towards permanent disability works out to Rs.70,000/- (Rs.2,000/- x 35%) as against a sum of Rs.80,000/- awarded by the Tribunal. The Tribunal has awarded a sum of Rs.5,000/-towards transport expenses and a sum of Rs.2500/- towards extra nourishment. The claimant took treatment for a period of 13 days as in patient and later as out patient. Taking into consideration of the same, the amount awarded under these heads are very reasonable and the same are confirmed. The Tribunal has awarded a sum of Rs.21,934/-towards medical expenses. It is an actual expenditure incurred by the claimant. Ex.P9 are the series of medical bills. Considering the same, the amount awarded under this head is also very reasonable and the same is confirmed. The Tribunal has awarded a sum of Rs.5,000/- towards pain and suffering. It is clear from the evidence that the claimant underwent surgery on 012. 2001. After taking into consideration the nature of injuries sustained, I feel that the amount awarded under this head is very low and I feel that it would be appropriate and reasonable to award a sum of Rs.10,000/- under this head as against Rs.5,000/-awarded by the Tribunal. The Tribunal has not awarded any amount towards loss of income during treatment period. There is no dispute that the claimant took treatment from 012. 2001 to 112. 2001 as inpatient. Considering the same, it would be appropriate to award a sum of Rs.5,000/-towards loss of income during treatment period. The Tribunal has fixed the rate of interest at 7.5% p.a from the date of petition, which I feel is very reasonable and the same is confirmed. The details of the modified compensation as per the above discussion are as under:- Permanent disability Rs. The Tribunal has fixed the rate of interest at 7.5% p.a from the date of petition, which I feel is very reasonable and the same is confirmed. The details of the modified compensation as per the above discussion are as under:- Permanent disability Rs. 70,000/- Transport charges Rs. 5,000/- Extra nourishment Rs. 2,500/- Medical expenses Rs. 21,934/- Pain and suffering Rs. 10,000/- Loss of income during treatment period Rs. 5,000/- Total... Rs.1,14,434/- ------------------ The amount awarded by the Tribunal and the above modified compensation are one and the same. Therefore, the claimant is entitled to the compensation of Rs.1,14,434/-as awarded above with interest at 7.5% per annum from the date of petition. 7. The learned counsel appearing for the appellant-Transport Corporation has submitted that already 50% of the award amount has been deposited as per order of this Court dated 18.08.2006. Therefore, appellant-Transport Corporation is directed to deposit the balance award amount with interest at 7.5% per annum from the date of petition 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 award amount of Rs.1,14,434/- with interest at 7.5% p.a. from the date of petition, after adjusting the amount, if any, already withdrawn on making proper application. 8. With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, M.P.No.1 of 2009 is closed.