JUDGMENT :- 1. The above appeal has been filed by the appellant / State Transport Corporation Limited, against the award and decree dated 27.01.2005 made in M.C.O.P.No.186 of 1999 on the file of Motor Accidents Claims Tribunal, Second Additional Sub Court, Villupuram. 2. The short facts of the case are as follows: On 17.08.1998 at about 8.40 a.m., the injured was travelling in the respondent Corporation bus bearing Registration No.TN 32 N 0509 from Kurumankottai to Villupuram, while the bus was nearing Melpathy Village when at that time the driver suddenly drove the vehicle in a reckless manner, resulting the minor petitioner falling down from the bus and he had sustained multiple bone fracture injuries, hence the father of the minor petitioner has filed the claim petition against the respondent / State Transport Coporation for a sum of Rs.3,50,000/- with interest. 3. The respondent had filed a counter statement and resisted the claim petition. The respondent denied the age, income and occupation of the injured. The respondent stated that on 17.08.1998, there were about 80 students who were travelling in the bus, while the bus was passing speed breaker in a slow and cautious manner when at that time the minor petitioner had attempted to board the bus, in the result he fell down and sustained injuries. The respondent further stated that the claim amount is an excessive. 4. On the pleas of both parties, the Tribunal framed two issues for consideration, namely; “(i) Whether the driver of the Corporation bus had committed the accident in a rash and negligent manner? (ii) Whether the claimant is entitled to receive compensation? If so what is the quantum of compensation?” 5. PW1 had stated that on 17.08.1998 at around 8.45 a.m., his minor son had attempted to board the bus at Melpathi bus stop and at that point of time, the driver had rashly started the bus, in the result his son fell down and the rear side of the wheel ran over his left leg. Immediately, he was taken to the Government Hospital, Villupuram for preliminary treatment, thereafter he was referred to Jipmer Hospital, wherein he had undergone treatment for 13 days as an inpatient and subsequently as an outpatient for a lengthy period. He had dis-continued his education for four months, while studying in the VIth standard. Immediately, he was taken to the Government Hospital, Villupuram for preliminary treatment, thereafter he was referred to Jipmer Hospital, wherein he had undergone treatment for 13 days as an inpatient and subsequently as an outpatient for a lengthy period. He had dis-continued his education for four months, while studying in the VIth standard. For further treatment, the minor injured was taken to the hospital for which a taxi was engaged. PW1 further adduced evidence that the boy was aged 12 years and was studying in the VIth standard. In the said accident, he had sustained injuries on both his legs and head injury as well. PW2-Doctor had stated that the claimant's right thigh bone was fractured and bent. The leg is shortened by 2 cms and he assessed the disability as 35%. 6. On considering the evidence of the witnesses, the tribunal had awarded compensation of Rs.1,20,995/- as compensation together with interest, the compensation comprising of Rs.50,000/-, Rs.40,000/- Rs.12,000/- Rs.2,000/-, Rs.3,995, Rs.10,000/- and Rs.3,000/- towards disability, for loss of income, against grievous injuries, towards transport, for medical expenses, against pain and suffering and nutrition respectively. 7. Aggrieved by the said award, the appellant / State Transport Corporation has filed the appeal. 8. The learned counsel for the appellant has raised the ground that the Tribunal had awarded Rs.50,000/- under the head of 'disability', further the Tribunal had awarded Rs.40,000/- towards 'loss of earning' and Rs.12,000/- for 'grievous injuries', which are not pertinent in the instant case. 9. Learned counsel for the claimant argued that the minor boy had sustained bone fracture injuries on his right leg, the fractured bone is bent and the leg shortened by 2 cms. After the accident the injured was unable to continue his studies and unable to participate in sports and games. The injured had discontinued his studies for four months. The disability is of a permanent nature. The learned counsel further argued that the Tribunal had not considered the attender charges, which is a crucial head in the accident case. 10. After the accident the injured was unable to continue his studies and unable to participate in sports and games. The injured had discontinued his studies for four months. The disability is of a permanent nature. The learned counsel further argued that the Tribunal had not considered the attender charges, which is a crucial head in the accident case. 10. In the facts and circumstances of the case, the arguments advanced by the learned counsel for the respondent and on perusing the appeal ground and the impugned award of the Tribunal, this Court is of the considered opinion that the quantum of compensation, considering the nature of the bone fracture injuries, leg shortened by 2 cms and he being a minor school going boy of 12 years, is not excessive. However, the mode of compensation is improper, hence this Court modifies the same;- Rs.35,000/- towards disability; Rs.15,000/- towards pain and suffering; Rs.5,000/- towards transport; Rs.5,000/- towards nutrition; Rs.3,995 for medical expenses; Rs.57,000/- against loss of eduction, discomfort, loss of amenities and not being able to participate in his school extracurricular activities. Therefore, this Court confirms the award passed by the Tribunal, which is fair and equitable. 11. On 28.02.2007, this Court imposed condition on the appellant / State Transport Corporation Limited, to deposit a sum of Rs.80,000/- with accrued interest to the credit of M.C.O.P.No.186 of 1999 on the file of Motor Accidents Claims Tribunal , Second Additional Sub Court, Villupuram. Further, this Court permitted the claimant to withdraw the 50% of the award amount with accrued interest thereon. Again this Court permitted the claimant to withdraw another Rs.10,000/-. Therefore, this Court hereby directs the appellant / State Transport Corporation to deposit the balance compensation amount with accrued interest to the credit of M.C.O.P.No.186 of 1999 on the file of the Motor Accident Claims Tribunal, the second Additional Sub Court, Villuparam, within a period of six weeks from the date of receipt of copy of this order, subject to deductions, if any already deposited. After such a deposit, being made it is open to the claimant to withdraw the balance compensation with accrued interest thereon lying in the credit of M.C.O.P.No.186 of 1999 on the file of the Motor Accident Claims Tribunal, the second Additional Sub Court, Villuparam, after filing necessary payment out of application in accordance with law, subject to withdrawals if any made already, as per this Court order. 12. In the result, the Civil Miscellaneous appeal is dismissed. Consequently, the award and decree, passed by the Motor Accident Claims Tribunal, Second Additional Sub Court, Villupuram, made in M.C.O.P.No.186 of 1999, dated 27.01.2005 is confirmed. There is no order as to costs. Consequently, connected miscellaneous petition is closed.