Judgment :- 1. The appeal is preferred by the appellant/Transport Corporation against the award dated 8.9.2003 made in MCOP No.989 of 2000 by the Motor Accident Claims Tribunal (Additional District Court, Fast Track Court No.1)Coimbatore. 2. Background facts in a nutshell are as follows: The first respondent-claimant met with an accident on 11.9.1999 at about 22.45 hours. The injured claimant was proceeding in his TVS 50 (moped) bearing Registration No.TN-37-N-2079 from Lakshmi Mills towards Sowripalayam on Avinashi Road. One Mohanraj, the friend of the petitioner was also travelling in the same moped as a pillion rider . When they reached at the junction of Avinashi Road-Sowripalayam, a bus bearing Registration No.TN-37-M-0158 belonging to the appellant driven by its driver in a rash and negligent manner and hit the claimant. Due to which, both the rider and the pillion rider were thrown out and fell on the road and sustained grievous injuries all over the body and fractures. Immediately the claimant was admitted in the Government Hospital, Coimbatore and later referred to Sri Ramakrishna Hospital, Coimbatore for better treatment. He claimed a sum of Rs.6,01,000/- as compensation. The appellant-Tamil Nadu State 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 appellants bus driver? 2. Whether the claimant is entitled to any claim? If so, how much?" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to rash and negligent driving of the driver of the bus and awarded a compensation of Rs.1,85,000/- with interest at 9% per annum from the date of petition and the details of the same are as under:- Rs. Five grievous injuries (each Rs.25,000/-) 1,25,000 Medical expenses 50,000/- Pain and suffering 10,000/- TotalRs. 1,85,000/-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 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 Rs.1,25,000/-towards five grievous injuries 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. Inspite of notice being served, there was no representation on behalf of the respondents. 5. Heard the learned counsel for the appellant and perused the documents available on record. On the side of the claimant, the claimant has examined himself as P.W.1` and documents Exs.P1 to P18 were marked. On the side of the respondents, one Mr.Nataraj, the driver of the bus, 1st respondent was examined as R.W.1 and no document was marked to support their claim. Ex.P1 dated 12.9.199 is the copy of the First Information Report. Ex.P2 dated 12.9.1999 is the copy of the Inspection report. Ex.P3 dated 16.4.2001 is the copy of Judgment in S.T.C.No.8752 of 1999; Ex P4 dated 12.9.1999 is the copy of wound certificate; Ex P5 dated 12.9.1999 and Ex P6 dated 12.9.1999 are the medical bills; Ex P7 is the salary certificate of the claimant; Ex P8 dated 9.12.1996 is the copy of E.S.I. Corporation Card in favour of 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 bus and the finding is based on valid materials and evidence. 6. At the time of accident, the claimant was aged about 27 years He is working as Canteen Worker in M/s Lakshmi Mills Co., Ltd., Pappanaickenpalayam, Coimbatore and was earning Rs.1,500/- per month. PW1-claimant has deposed that while the first respondent/ claimant was riding his TVS 50 (Moped) bearing registration No.TN 37 N 2079 from Lakshmi Mills towards sowripalayam on Avinashi Road, a bus bearing registration No.TN-37-M-0158, belonging to the second respondent and driven by the first respondent/driver in a rash and negligent manner and hit the claimant. The driver of the bus was also charge sheeted by TIW (East) Coimbatore Town, in Cr.No.926/99. Due to the accident, the claimant sustained injuries and fracture. He was immediately admitted in Coimbatore Government Hospital, Coimbatore and later he was referred to Ramakrishna Hospital, Coimbatore. Ex P4 is the wound certificate given by one Dr.J.Paramasivan, ,Resident Medical Officer, Sri Ramakrishna Hospital, Coimbatore in which, it is stated that the injury Nos.1 to 5 are grievous injuries and fractures. But the said doctor has not determined the percentage of permanent disability . Ex P4 is the wound certificate given by one Dr.J.Paramasivan, ,Resident Medical Officer, Sri Ramakrishna Hospital, Coimbatore in which, it is stated that the injury Nos.1 to 5 are grievous injuries and fractures. But the said doctor has not determined the percentage of permanent disability . After considering Ex P4 wound certificate, the Tribunal has awarded a sum of Rs.25,000/-for each injury and totally awarded a sum of Rs.1,25,000/-towards five grievous injuries. There is no concrete evidence available to award a compensation of Rs.1,25,000/-towards the grievous injuries and also there is no determination of disability by the Doctor. After taking into consideration the facts and circumstances of the case, I feel that it would be reasonable to award a sum of Rs.30,000/-towards five grievous injuries as against Rs1,25,000/- awarded by the Tribunal. The Tribunal has awarded a sum of Rs.50,000/- towards medical expenses. Exs P5 and P6 are the medical bills. The claimant was initially admitted in Government Hospital, Coimbatore and later he was admitted in Sri Ramakrishna Hospital, Coimbatore for better treatment. It is an actual expenditure incurred by the claimant. Hence the amount awarded by the Tribunal is very reasonable and the same is confirmed. The Tribunal has awarded a sum of Rs.10,000/- towards pain and suffering. After taking into consideration the nature of injury, the Tribunal has correctly awarded the amount. Therefore, a sum of Rs.10,000/-awarded by the Tribunal is reasonable and same is hereby confirmed. The Tribunal has not awarded any amount towards extra nourishment and transport charges. After taking into consideration, nature of the injury and the claimant was admitted in the hospital, it is reasonable to award a sum of Rs.5,000/-towards extra nourishment and a sum of Rs.5,000/- towards transport charges. The Tribunal has fixed the rate of interest at 9% 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:- Rs. Loss of income due to injuries 30,000/-Medical expenses 50,000/- Pain and suffering 10,000/- Transport charges 5,000/- Extra nourishment 5,000/- Total 1,00,000/- Therefore, the claimant is entitled to the modified compensation of Rs.1,00,000/-as against the compensation of Rs.1,85,000/- 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 29.6.2005. 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 29.6.2005. The claimant is permitted to withdraw the modified award amount of Rs.1,00,000/- with interest at 9% 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.