Judgment :- 1. The appeal is preferred by the appellant-Transport Corporation against the Award, dated 05.12.2002, made in M.C.O.P.No.405 of 1996 by the Motor Accident Claims Tribunal (Additional District Court), Dharmapuri. 2. The facts of the case in a nutshell are as follows: The claimant has met with an accident that took place on 21.04.1996 at about 18.30 hours. The claimant was proceeding in his bicycle on the left side of the road. While he was proceeding near Dharmapuri to Salem National Highways Road opposite to Central Silk Board, at that time, the bus bearing Reg.No.A.S.T.C.T.No.29.0707, belonging to the appellant-Transport Corporation came in a rash and negligent manner and dashed against the claimant. The injuries sustained by the claimant were Reddish Abrasion 2X1cm on forehead, reddish abrasion 3 cm on right cheek, reddish abrasion 2X1cm on nose, reddish abrasion 2x1cm on right wrist, reddish abrasion 2x1 cm on right and left knee each and tenderness over chest. Due to the accident, the claimant fell down from the cycle and sustained grievous injuries all over his body. Immediately, he was admitted in the Government Hospital, Dharmapuri. He claimed a sum of Rs.3,25,750/-as compensation but restricted to Rs.2,00,000/. The appellant-Transport Corporation has resisted the claim. On pleadings, the Tribunal framed the following issues:- 1. Whether the accident had happened only due to the rash and negligent driving of the driver of the bus bearing Registration No.TN-29.0707? 2. Whether the claimant is entitled to receive compensation? 3. 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 belonging to the appellant-Transport Corporation and awarded a compensation of Rs.1,75,500/- with interest at 9% per annum from the date of petition and the details of the same are as under:- Grievous injuries:Rs. 10,000/-- Simple injuries:Rs. 12,500/- Loss of Disability :Rs. 70,000/- Pain and Suffering:Rs. 60,000/- Medical expenses :Rs. 12,000/- Transport :Rs. 5,000/- Extra nourishment :Rs. 6,000/- Total :Rs.1,75,500/- Aggrieved by that Award, the appellant-Transport Corporation has filed the present appeal. 4. 10,000/-- Simple injuries:Rs. 12,500/- Loss of Disability :Rs. 70,000/- Pain and Suffering:Rs. 60,000/- Medical expenses :Rs. 12,000/- Transport :Rs. 5,000/- Extra nourishment :Rs. 6,000/- Total :Rs.1,75,500/- Aggrieved by that Award, the appellant-Transport Corporation has filed the present appeal. 4. The learned counsel appearing for the appellant-Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and also vehemently opposed to the award passed by the Tribunal and further contended that the Tribunal ought not to have awarded compensation separately for the grievous injury or simple injury, when the Tribunal already awarded a sum of Rs.70,000/- towards permanent disability. The Tribunal also ought not have awarded a sum of Rs.60,000/- towards pain and suffering and the same is excessive and exorbitant. Further it is stated that the Tribunal has also wrongly awarded a sum of Rs.12,000/-towards medical expenses, when there is no evidence furnished by the claimant to substantiate the claim. Therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside. 5. The learned counsel appearing for the respondent-claimant would submit that considering the facts and circumstances, the Tribunal awarded the compensation after a perusal of 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. 6. Heard both the counsel. The claimant himself was examined as PW1 on the side of the claimant and the documents Ex.P.1 to Ex.P.3 were marked. Ex.P.1 is the certified copy of the First Information Report, Ex.P.2 is the Wound Certificate and Ex.P.3 is the Permanent Disability Certificate. On behalf of the appellant/Transport Corporation, RW1 Anwar Basha, who is the driver of the bus, was examined and no documents were marked to substantiate their claim. After considering the above 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 belonging to the appellant-Transport Corporation and the finding is based on valid materials and evidence. 7. After considering the above 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 belonging to the appellant-Transport Corporation and the finding is based on valid materials and evidence. 7. The claimant was aged about 50 years old at the time of the accident and the claimant was earning a sum of Rs.2,000/-p.m. In his evidence, it is stated that the accident occurred only due to the rash and negligent driver of the bus belonging to the appellant. The driver of the bus was also charge sheeted under sections 279, 337 of I.P.C. on the file of the Adhiyamankottai Police in Crime No.375/1996. Due to the accident, the claimant sustained the following injuries: 1. Reddish Abrasion 2x1cm on forehead. 2. Reddish Abrasion 3x2cm on right cheek. 3. Reddish Abrasion 2x1cm on nose. 4. Reddish Abrasion 2x1cm on Right Wrist. 5. Reddish Abrasion 2x1cm on right and left knee each 6. Tenderness over chest. 8. After the accident, he was admitted in the Government Hospital, Dharmapuri. He took treatment from 21.04.1996 to 27.04.1996. Due to the accident , he is unable to walk, stand, climb, stood substantially and also often he is getting chest pain all over his body and also facial disfiguration and further it is stated that he is unable to any work as before. 9. Ex.P2 is the Wound certificate and it reveals the nature of the injury sustained by the claimant. Ex.P3 is the Permanent Disability Certificate at 35%. Therefore, the Tribunal awarded a sum of Rs.70,000/- towards 35% permanent disability. Normally, Courts award a sum of Rs.1,000/- to Rs.2,000/-per percentage of disability. So, the award amount passed by the Tribunal is very reasonable. Therefore, the same is confirmed. Further, the learned counsel appearing for the appellant/Transport Corporation vehemently contended that when the Tribunal awarded a sum of Rs.70,000/-towards permanent disability, the Tribunal ought not have awarded a sum of Rs.10,000/-towards grievous injuries as well as Rs.12,500/-towards simple injuries. Hence, this amount is not warranted. Therefore, the same is set aside. It is seen that the Tribunal also awarded a sum of Rs.60,000/-towards pain and suffering which is exorbitant and also excessive without basis and justification. Hence, this amount is not warranted. Therefore, the same is set aside. It is seen that the Tribunal also awarded a sum of Rs.60,000/-towards pain and suffering which is exorbitant and also excessive without basis and justification. Therefore, it is reasonable to award a sum of Rs.20,000/- towards pain and suffering after considering the nature of the injuries stated above. Further, the Tribunal also awarded a sum of Rs.5,000/-towards transport and another sum of Rs.6,000/-towards extra nourishment. There are very reasonable and therefore, the same are confirmed, and the Tribunal also awarded a sum of Rs.12,000/- towards medical expenditure. No documentary evidence was produced by the claimant to substantiate claim. But the claimant would have certainly incurred expenditure towards medical expenses. Therefore, it is reasonable to award a sum of Rs.6,000/- as against Rs.12,000/-awarded by the Tribunal. The details of the modified compensation as per the above discussion are as under: Loss of income Rs. 70,000/- Pain and suffering Rs. 20,000/- Transport Rs. 5,000/- Extra nourishment Rs. 6,000/- Medical Bills Rs. 6,000/- Total Rs.1,07,000/- Award of 9% interest is very reasonable after taking into consideration of prevailing rate of interest at the time of accident. Therefore, the respondent/claimant is entitled to the modified compensation of Rs.1,07,000-with interest at 9% from the date of petition as against the compensation of Rs.1,75,700/-awarded by the Tribunal. The learned counsel appearing for the appellant-Transport Corporation has submitted that the entire Award amount has already been deposited as per the Order of this Court. 10. In these circumstances, the respondent/claimant is permitted to withdraw the compensation amount with interest thereon as apportioned by the Tribunal, 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. 11. With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs.