Judgment :- The appeal is preferred by the Transport Corporation-appellant against award dated 23.04.2008 made in MCOP No.43 of 2005 by the Motor Accident Claims Tribunal ( Sub Court) Attur. 2. Background facts in a nutshell are as follows: The claimant/injured was met with Motor Vehicle Accident on 23.06.2001 at about 11.30 a.m., The injured was proceeding in his friends TVS Champ Moped bearing registration No.TN31/V3107 along with his friend Manikandan. While the injured was nearing the Government Boys Higher Secondary School Vridhachalam at Cuddalore Main Road, the bus proceeding from Neyveli to Virudhachalam bearing registration No.TN-32-N-0124 belonging to the appellant-Transport Corporation, driven by its driver in a rash and negligent manner and dashed against the Motor cycle. Due to the said impact, the claimant and his friend thrown away from the Motor cycle and had sustained grievous injuries all over the body. The claimant was immediately admitted in Government Hospital, Virudhachalam later he took treatment at Cuddalore Government Hospital for better treatment. He claimed a sum of Rs.6,40,000/-as compensation but restricted his claim to Rs.5,00,000/- 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 bus driver or not? 2. What is the compensation the claimant is 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 and awarded a compensation of Rs.3,00,000/-with interest at 7.5% per annum from the date of petition and the details of the same are as under:- Injuries Rs. 8,000/- Extra Nourishment Rs. 15,000/- Loss of Income during treatment period Rs. 40,000/- Transport charges Rs. 7,000/- Medical Expenses Rs.1,30,000/- Pain and sufferings Rs. 25,000/- 40% disability Rs. 40,000/- Loss of earning capacity Rs. 35,000/- Total... Rs. 3,00,000/- Aggrieved by that award, the 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 that therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside. 4. 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 that 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 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 P12 were marked. On the side of the appellant-Transport Corporation one Mr. Easwaran, driver of the bus was examined as R.W.1 and Ex.R1 is the Certificate issued by Judicial Magistrate No.I, Virudhachalam was marked to support their claim. P.W.1 is the claimant. PW2 is the Doctor Muthusamy. Ex.P1 is the copy of the First Information Report. Exs.P2 , P3 and P9 are the Medical bills. Ex.P4 is the discharge summary issued by Miot Hospital. Ex.P5 is the Wound Certificate. Exs.P6 & P10 are the X-ray (Nos.11). Ex.P7 is the copy of the Accident Register. Ex.P8 is the discharge summary issued by Valli Vilas Hospital. Ex.P11 is the Passbook of Canara Bank. Ex.P12 is the claimants driving license book. 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 bus and the finding is based on valid materials and evidence. 6. At the time of accident, the claimant was aged about 29 years. He is a businessman running two Petrol Bunks on lease and was earning Rs.12,000/- per month. PW1- in his evidence it is stated that the accident was occurred due to rash and negligent driving of the driver of the bus belonging to the appellant-Transport Corporation. Due to the impact, the claimant had sustained injuries all over the body and immediately he was admitted in Government Hospital, Virudhachalam and later he was treated Valli Vilas Hospital, Cuddalore. PW2 – Dr.Muthusamy, is an Orthopaedician. He examined the claimant and assessed the disability at 40%. Due to the impact, the claimant had sustained injuries all over the body and immediately he was admitted in Government Hospital, Virudhachalam and later he was treated Valli Vilas Hospital, Cuddalore. PW2 – Dr.Muthusamy, is an Orthopaedician. He examined the claimant and assessed the disability at 40%. The Tribunal awarded a sum of Rs.40,000/- towards 40% disability and also awarded a sum of Rs.35,000/- towards loss of earning capacity and further also awarded a sum of Rs.8,000/- towards injuries. The learned counsel for the appellant Transport Corporation vehemently contended that the Tribunal ought not to have awarded towards injuries as well as loss of earning capacity, when the Tribunal already awarded a sum of Rs.40,000/- towards permanent disability. Normally, the Courts used to award 1000/- to 2000/- for each percentage of disability. Here, Taking into consideration of the nature of the injuries sustained and also the evidence of PW2, I feel that it is reasonable to award 1750 per percentage of disability and for 40% disability, the award amount works out to Rs.70,000/- (Rs.1750 x 40) as against Rs.40,000/- awarded by the Tribunal. As this Court now awarding Rs.70,000/-towards permanent disability, the award amount of Rs.35,000/- towards loss of earning capacity as well as award amount of Rs.8,000/- towards injuries awarded by the Tribunal are unwarranted. A Full Bench of this Court in the case of Cholan Roadways Vs. Ahmed Thambi, reported in 2006 (4) CTC 433 , held that whenever compensation towards permanent disability is awarded, further amount towards loss of income should not be awarded. Applying the principle enunciated in the above Full Bench decision of this Court, the award of the Tribunal in respect of loss of earning capacity at Rs.35,000/-and further awarded a sum of Rs.8,000/- towards injuries are unwarranted and not in accordance with law and are, therefore, set aside. The Tribunal also awarded a sum of Rs.15,000/- towards extra nourishment. The claimant took treatment in various hospitals. Hence I feel that the amount awarded under this head is very reasonable and the same is confirmed. Further, the Tribunal also awarded a sum of Rs.40,000/-towards loss of income during the treatment period. The claimant took treatment in Government Hospital, Virudhachalam and later Valli Vilas Hospital at Cuddalore then he took treatment in Miot Hospital, Chennai for the period of one year. Further, the Tribunal also awarded a sum of Rs.40,000/-towards loss of income during the treatment period. The claimant took treatment in Government Hospital, Virudhachalam and later Valli Vilas Hospital at Cuddalore then he took treatment in Miot Hospital, Chennai for the period of one year. Considering the facts and circumstances, I feel that the amount under this head is very reasonable and therefore the same is confirmed. The Tribunal also awarded a sum of Rs.7,000/-towards transport charges. The claimant took in various hospitals. Considering the same the amount awarded by the Tribunal is very reasonable and the same is confirmed. Further the Tribunal also awarded a sum of Rs.1,30,000/-towards Medical Expenses. Exs. P2, P3 and P9 are medical bills. It is an actual expenditure incurred by the claimant. Therefore, the Tribunal is correct in awarding a sum of Rs.130,000/-towards medical expenses and therefore the same is confirmed. Further, the Tribunal awarded a sum of Rs.25,000/-towards pain and sufferings. Taking into consideration of the nature of injuries sustained, I feel that the amount awarded under this head is very reasonable and the same is confirmed. The Tribunal awarded a rate of interest at 7.5% p.a. The accident had occurred on 23.06.2001. Keeping in view, the prevailing rate of interest, the interest awarded by the Tribunal is confirmed. The details of the modified compensation as per the above discussion are as under:- Medical expenses Rs.1,30,000/- Extra Nourishment Rs. 15,000/- Pain and suffering Rs. 25,000/- Loss of Income during treatment period Rs. 40,000/- Transport charges Rs. 7,000/-Disability (40%) Rs. 70,000/- Total... Rs.2,87,000/- Therefore, the claimant is entitled to the modified compensation of Rs.2,87,000/-as against the compensation of Rs.3,00,000/- awarded by the Tribunal. 7. The learned counsel appearing for the appellant-Transport Corporation has submitted that already entire award amount has been deposited as per order of this Court dated 112. 2008. The claimant is permitted to withdraw the modified award amount of Rs.2,87,000/- with interest at 7.5% p.a. from the date of petition, after adjusting the amount, if any, already withdrawn on making proper application. The appellant-Transport Corporation is also permitted to withdraw the balance amount on making proper application. 8. With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.