JUDGMENT Respondent, when he was standing on Old Madras Road near Ganesha Temple, KR. Puram, Bangalore, met with an accident on account of rash and negligent driving of a BMTC Bus by its driver. He sustained grievous injuries and was taken to Dr. Shetty clinic and later shifted to Bowring Hospital. He filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988 ('the Act' for short) against the appellant. The claim was contested by the appellant. He was aged about 56 years as on the date of accident and was working as a security guard in a private company. His income could be taken at Rs. 36,000/- p.a. Tribunal after appreciating the evidence on its record, has passed the award for Rs. 6,07,000/- under 7 different heads. Aggrieved, this appeal has been filed by the BMTC. 2. Sri D. Vijayakumar, learned Counsel appearing for appellant raised 2 contentions viz., (1) that there is no accident involving the vehicle in question and hence, the claim is illegal and the award passed is liable to be set aside. Alternatively, (2) that the amount awarded is contrary to Schedule II of the Act and hence, requires to be scaled down. 3. Per contra, learned Counsel appearing for respondent would contend that, the driver of the offending vehicle was charge-sheeted by the police and he has pleaded guilty before the Criminal Court and hence, the first contention addressed on behalf of appellant is untenable. Learned Counsel made submissions in support of the findings and conclusion of the Tribunal in awarding Rs. 6,07,000/- 4. I have perused the record. In view of the rival contentions, the points for consideration are: (i) Whether the driver of the appellant has caused the accident in question? (ii) What is the compensation to which respondent is entitled to? 5. There is evidence of P.W. 1 with regard to the accident. The police records pertaining to the accident in question have been marked as exhibits. The driver of the bus has deposed as D.W. 1. Ex. P. 1 is the FIR. No doubt, it was registered on 30-9-2006 though the accident occurred on 27-9-2006. There is evidence on record which discloses that, appellant had lost consciousness and was immediately hospitalised. In the circumstances, the delay is not fatal. The driver of the bus has deposed as D.W. 1. Ex. P. 1 is the FIR. No doubt, it was registered on 30-9-2006 though the accident occurred on 27-9-2006. There is evidence on record which discloses that, appellant had lost consciousness and was immediately hospitalised. In the circumstances, the delay is not fatal. The hospital records show that, the petitioner reported at the hospital as to how he sustained injuries in the accident. Even otherwise, the police after investigation of the crime, had laid charge-sheet against the driver of the bus. The driver has appeared before the Criminal Court and has admitted the guilt which is evident from the order sheet of the case. Sri D. Vijayakumar, contended that, the driver has not reported about the accident. Accordingly to the learned Counsel, if the accident had taken place, it was the duty of the driver to have reported the matter to his immediate superior and ought not to have deposed falsely in the Motor Accident Claims Tribunal. Learned Counsel submits that the driver has remained unauthorisedty absent. According to the learned Counsel, since the driver is on permanent employment, if he has caused the accident and did not report the accident, he is liable to be taken up for disciplinary action. In my view, the said submissions are wholly irrelevant for consideration and disposal of this case. The non-disclosure of the accident by the driver cannot affect the case of the respondent herein. It is for the appellant to take appropriate action against its driver, depending upon the evidence. 6. Since the driver of BMTC bus - offending vehicle has pleaded guilty and has paid the fine in the Criminal Court, the accident is well-established. The first contention is thus devoid of merit. 7. The claim petition having been filed under Section 163-A of the Act, the compensation has to be awarded in terms of the provisions made in the II Schedule. The evidence on record discloses that the claimant was hospitalised for a long period of time at Bowring Hospital. There is amputation of right leg and left hand. In the circumstances, it is a case of 100% disability by applying the provisions of Workmen's Compensation Act, 1923. Though the doctor has stated that it is 58% permanent disability to the whole body, looking at the condition of the injured, which can be seen from the photograph at Ex. There is amputation of right leg and left hand. In the circumstances, it is a case of 100% disability by applying the provisions of Workmen's Compensation Act, 1923. Though the doctor has stated that it is 58% permanent disability to the whole body, looking at the condition of the injured, which can be seen from the photograph at Ex. P. 10, in my opinion, there is 100% disability. The Motor Accident Claims Tribunal by misconstruing the claim to be one filed under Section 166 of the Act has passed the award for Rs. 6,07,000/- which in the facts and circumstances of the case calls for modification. 8. In the circumstances, the compensation to the 1st respondent/claimant is awarded as follows.- (a) Towards pain and suffering: Rs. 5,000/ (b) Towards medical expenses: Rs. 15,000/ (c) Towards permanent disability: (Rs. 36,000 x 8 = 2,88,000/-) Rs. 2,88,000/Total: Rs. 3,08,000/- 9. In the result, the appeal stands allowed in part. In modification of the impugned judgment and award passed by the Tribunal, it is held that, respondent/claimant is entitled to compensation of Rs. 3,08,000/with interest at 6% p.a. from the date of petition till the date of deposit. Amount in deposit in this appeal be transferred to the Tribunal. 10. The respondent/claimant has filed MFA No. 1346 of 2008 which has stood dismissed on account of effect of the peremptory order dated 23-10-2008. Even otherwise, in view of the allowing of the appeal filed by BMTC in part, the said appeal of the claimant does not survive for consideration. No costs.