Judgment :- 1. The above Civil Miscellaneous Appeal has been filed by the appellant/claimant against the award and decree passed by the Motor Accident Claim Tribunal & Sub-Court, Udumalpet made in M.C.O.P.No.108 of 2004 dated 10.03.2005, awarding a compensation of Rs.1,91,528/- together with interest at the rate of 9% per annum, from the date of filing the claim petition till the date of payment of compensation. 2. Having not been satisfied with the award and decree dated 10.03.2005, made in M.C.O.P.No.108 of 2004, passed by the Motor Accident Claims Tribunal, Sub-Court, Udumalpet, the appellant/claimant has filed this appeal praying for granting of additional compensation of Rs.1,00,000/- together with interest. 3.The short facts of the case are as follows: On 05.05.2004 at about 5.20 p.m. the petitioner was returning from his work place in the bus bearing registration No.TN41E 4545 belonging to the 2nd respondent, which was driven by the 1st respondent, while the bus was coming approaching the Primary Health Center of Poolankinar, the 1st respondent drove the bus in a rash and negligent manner, without control and dashed against the Telephone post erected west to the Primary Health Center and the E.B. Post erected before the Primary Health Center. Due to this accident, the petitioner, who was seated in the bus sustained grievous injuries in the Hip and Calf and multiple injuries all over the body. Immediately along with other injured persons, the petitioner was taken to the Government Hospital, Udumalpet. Due to the serious condition, on that day itself, the petitioner was transferred to Ganga Hospital, Coimbatore. Subsequently, he underwent treatment as out-patient. As the accident had happened due to the rash and negligent driving of the driver of the second respondent bus, the respondent is liable to pay compensation to the claimant. As such he claimed a compensation of Rs.2,00,000/-before the Tribunal. 4. The third respondent/United India Insurance Co. Ltd. had filed the counter statement and resisted the claim petition, which reads as follows: The petitioner should prove that, 1st respondent, the driver of the bus bearing Reg.No.TN41E 4545 drove the vehicle in a rash and negligent manner and dashed against Telephone Post erected west to Primary Health Center, at Poolankinar and the E.B. Post erected before the Primary Health Centre. Due to this accident, the petitioner, who seated in the bus, sustained grievous injuries to Hip as stated by the petitioner. Due to this accident, the petitioner, who seated in the bus, sustained grievous injuries to Hip as stated by the petitioner. It is false to state that accident had happened due to negligent driving of the 1st respondent. The 3rd respondent does not admit the age, income and occupation of the petitioner. The 3rd respondent further states that the petitioner should prove that he is earning Rs.7,290/- per month from his job in Premier Fine Yarns Pvt. Ltd., Poolankinar, Udumalpet. He has to put strict proof of the same with relevant documentary evidence. The petitioner should prove the fact that the 1st respondent, by his rash and negligent driving, dashed against the petitioners bus thereby causing the accident. The 3rd respondent states that the petitioner should prove all the facts about his injuries and the medical treatment that he had undergone as he stated in the petition. The petitioner has filed this petition with unclean hands with a view to claim money with bad intention. 5. After considering the plea of the claimant and the counter statement of the 3rd respondent, the Tribunal had framed two issues namely: 1. Whether the accident had happened due to the rash and negligent driving of the first respondent? 2. Whether the claimant is entitled to get compensation? If so, what is the quantum of compensation? 6. On the side of the claimant, four witnesses were examined as P.W.1 to P.W.4 namely P.W.1 is the claimant herein, P.W.2 – Dr.Pushpasekar, P.W.3 – Dr.Paramasivam and P.W.4 – Dhamodarasamy and sixteen documents were marked as EXs.P1 to P16 namely: Ex.P1 – First Information Report, Ex.P2 – Motor Vehicle Inspectors Report, Ex.P3 – Sketch, Ex.P4 – Judgment of the Criminal Court, Ex.P5 – Wound Certificate, Ex.P6 – Policy copy, Ex.P7 – Charge Sheet, Ex.P8 – Medical Bill series, Ex.P9 – Medical Discharge Summary, Ex.P10 – Disability Certificate, Ex.P11 – Salary Certificate, Ex.P12 – Salary Certificate, Ex.P13 – Salary Certificate, Ex.P14 – LTC particulars, Ex.P15 – X-ray, Ex.P16 – C.T. Scan. On the side of the respondents, no witnesses were examined and no documents were marked. 7. P.W.1 had adduced evidence stating that on 05.05.2004, at about 5.20 p.m., he was travelling in the second respondent bus bearing Reg.No.TN41E 4545. On the side of the respondents, no witnesses were examined and no documents were marked. 7. P.W.1 had adduced evidence stating that on 05.05.2004, at about 5.20 p.m., he was travelling in the second respondent bus bearing Reg.No.TN41E 4545. When the bus was nearing Primary Health Centre, Poolankinar and at that point of time, the first respondent drove the vehicle in a rash and negligent manner at High Speed and dashed against the Telephone Post. In the result, the claimant sustained bone fracture injuries. Immediately, he was taken to the Government Hospital, Udumalpet for preliminary treatment. Thereafter, he was referred to Ganga Hospital, Coimbatore. The said accident was registered against the first respondent, driver of the offending bus. The First Information Report was marked as Ex.P1 and Motor Vehicle Inspectors Report was marked as Ex.P2. The rough sketch was marked as Ex.P3. The judgment of the Criminal Court was marked as Ex.P4. As per the Criminal Court Judgment, the first respondent / driver of the offending bus had been found guilty and paid entire penalty. P.W.1 further adduced evidence stating that his hip bone was fractured in the said accident. Further, he was admitted as in-patient from 05.05.2004 to 22.05.2004 at Ganga Hospital. 8. P.W.2 – Doctor had adduced evidence stating that he examined the claimant and verified the Medical Records and assessed the disability at 30%. The Doctor further adduced evidence stating that in the said accident, the claimant sustained bone fracture, for which, surgical operation was conducted on the Injured area. The claimant has also marked as Exs. P6, P7, P9, P11, P12 to P14 to prove his income, age, employment etc. As per Ex.P12, the claimant had been drawing a sum of Rs.9,832/- as monthly income. 9. P.W.3 – Doctor had also adduced evidence stating that the claimants left hip bone was fractured, for which, surgical operation was conducted on the injured area and steel plate was fixed with screws. The Doctor further stated in his evidence that his left leg got shortened by 2 c.m. He has also assessed the disability at 40%. 10. After considering P.W.1, P.W.2, P.W.3 and P.W.4 and documents marked as exhibits the Tribunal had come to the conclusion that the accident had been committed by the driver of the bus. The Doctor further stated in his evidence that his left leg got shortened by 2 c.m. He has also assessed the disability at 40%. 10. After considering P.W.1, P.W.2, P.W.3 and P.W.4 and documents marked as exhibits the Tribunal had come to the conclusion that the accident had been committed by the driver of the bus. As such the Insurance Company is liable to pay the compensation to the claimant and awarded the compensation as follows: a sum of Rs.30,000/- towards disability, a sum of Rs.76,528/- towards Medical Expenses, a sum of Rs.25,000/- towards Loss of Income and Loss of Bonus, a sum of Rs.20,000/-towards Pain and suffering, a sum of Rs.20,000/- towards Nutrition, a sum of Rs.20,000/-towards Attendant Charges. In total, the Tribunal had awarded compensation of Rs.1,91,528/- together with interest at 9% per annum from the date of filing the claim petition till the date of payment of compensation. The Tribunal further directed the 3rd respondent/United India Insurance Co. Ltd. to deposit the said award amount with accrued interest, within a period of thirty days from the date of its order. In turn, the same to be deposited in any one of the Nationalised Banks for a period of three years under the Fixed Deposit Scheme. Accordingly ordered. 11. Having not been satisfied with the award and decree dated 10.03.2005, made in M.C.O.P.No.108 of 2004, passed by the Motor Accident Claims Tribunal, Sub Court, Udumalpet, the claimant has filed the above appeal for getting additional compensation of Rs.1,00,000/- with interest. 12. The learned counsel appearing for the appellant has argued that the Doctor had assessed the disability at 40%. This was not duly considered by the Tribunal. The learned counsel specifically argued that the claimant had spent a sum of Rs.76,528/-towards Medical Expenses. After taking the Medical Expenses, the balance compensation is on very low side. The Tribunal had not considered the transport expenses, which had occurred in the said accident. The learned counsel further argued that the claimant was working in a Private Company and he was drawing a regular salary. After the accident, he lost his income. The claimant had undergone surgical operation also. At the time of accident, the claimants age was 57 years. After the accident, he was unable to perform his normal work. As such, the learned counsel prays before this Court for additional compensation of Rs.1,00,000/- 13. After the accident, he lost his income. The claimant had undergone surgical operation also. At the time of accident, the claimants age was 57 years. After the accident, he was unable to perform his normal work. As such, the learned counsel prays before this Court for additional compensation of Rs.1,00,000/- 13. The learned counsel for the 3rd respondent / Insurance Company has argued that the said compensation amount awarded by the Tribunal is fair and equitable. As such, the appeal may be dismissed. 14. In view of the facts and circumstances of the case and arguments advanced by both the learned counsels, this Court is of the view that the award amount is on the lower side, considering the nature of injuries and further fracture, surgical operation. Hence, this Court has decided to enhance the same as follows: loss of income for 40% disability Rs. 80,000/- Medical Expenses Rs. 76,528/-Loss of earning capacity Rs. 25,000/- Pain and Suffering Rs. 20,000/- Nutrition Rs. 20,000/- Attended charges Rs. 20,000/- Transport Rs. 5,000/- Loss of income during the treatment period Rs. 25,000/- Total Rs. 2,71,528/- Therefore, this Court awards an additional compensation amount of Rs.Rs.80,000/-with interest at the rate of 7.5% p.a. from the date of filing of the claim petition till the date of payment of compensation, which is fair and equitable. 17. Therefore, this Court directs the third respondent/United India Insurance Company Ltd., to deposit the additional compensation of Rs.80,000/-with accrued interest thereon into the credit of the M.C.O.P.No.108 of 2004 on the file of the Motor Accident Claims Tribunal, Sub Court, Udumalpet, within a period of six weeks from the date of receipt of a copy of this order. 17. After such deposit being made, it is open to the appellant/claimant to withdraw the entire additional compensation amount with accrued interest thereon, lying into the credit of M.C.O.P.No.108 of 2004, on the file of Motor Accident Claims Tribunal, Sub Court, Udumalpet, after filing necessary payment out application, in accordance with law. 18. In the result, the civil miscellaneous appeal is partly allowed and the award and decree passed by the Motor Accident Claims Tribunal, Sub Court, Udumalpet in M.C.O.P.No.108 of 2004 is modified. No costs.