Judgment :- 1. This Civil Miscellaneous Appeal is filed by the New India Assurance Company Limited, Chennai against the Judgement and Decree dated 3.11.2006 made in MCOP.No.1744/2002 by the learned Additional District Judge (FTC-II) (MACT) Chennai. 2. The 1st Respondent herein/claimant filed the above claim petition, claiming a compensation of Rs.4,00,000/- under various heads before the Tribunal for the injuries sustained by him in the motor accident occurred on 25.7.2001 at about 21.50 hours, when he was travelling in his motorcycle bearing Reg.No.TN-22-K-4107 in Arcot Road from West to East near Saligramam Vembuli Ammal oil Junction, the Maruthi Van bearing Reg.No.TN-10-C-6969 coming in a rash and negligent manner dashed against the said motorcycle. The Tribunal awarded a sum of Rs.2,29,773/- as total compensation under various heads. As against the same, this Civil Miscellaneous Appeal has been filed by the Insurance Company. 3. This court heard the submissions of the learned counsel on either side and also perused the materials placed on record. 4. As regards the negligence aspect, the Tribunal has held that the the accident had occurred only due to the rash and negligent driving of the driver of the offending vehicle, which is not assailed or impeached by the Appellant Insurance Company before the Tribunal by letting in any evidence and hence, said finding of the Tribunal with regard to the negligence aspect fixing the same on the part of the driver of the offending vehicle is liable to be confirmed and accordingly, it is confirmed. 5. The claimant sustained fracture on his left ankle, left little finger and left ring finger and also sustained other multiple injuries on his head. He was admitted in two Hospitals, firstly in Bharani Nursing Home and thereafter India Hopsital. The discharge summaries issued by the said Hospital Bharani Hospital shows that lateral aspect of left ankle was fractured and skin grafting was done in his left leg. PW.2 Doctor issued the disability certificate after examining the claimant assessing the disability as 50 per cent as he had sustained fracture on his left leg, which is assessed by the Doctor as 50%, which appears to be on the higher side. 6. The claimant is working in the Electricity Department and he continues to be in employment. Because of the accidental injuries, his service are not in any way altered and there is also no drop in his salary and other emoluments. 6. The claimant is working in the Electricity Department and he continues to be in employment. Because of the accidental injuries, his service are not in any way altered and there is also no drop in his salary and other emoluments. Hence, no amount could be awarded towards the loss of earning capacity. Taking into account the fact that there is no reduction of earning capacity, as the claimant was working as an Assistant in the Electricity Department, Rs.50,000/- awarded by the Tribunal for the deformities suffered by him due to the fracture sustained by his is just and reasonable. A sum of Rs.15,000/-for the pain and suffering and Rs.15,000/- for the loss of amenities awarded by the Tribunal are just and proper and the same are confirmed. 7. The Tribunal based on the medical bills awarded a sum of Rs.1,24,773/- towards medical expenses and the claimant is entitled to the same. No amounts were awarded for attendant's charges, extra nourishment and transportation expenses. Considering the nature of injuries, a sum of Rs.15,000/- towards attendant charges, Rs.5000/-towards extra nourishment and Rs.5000/- towards transportation expenses are awarded. In all, the claimant is entitled to a sum of Rs.2,29,773/- though under different heads with interest at 7.5 per cent p.a. from the date of the petition till the date of realization. 8. In the result, this Civil Miscellaneous Appeal is dismissed. The claimant is entitled to a total compensation of Rs.2,29,773/- (Rupees two lakhs twenty nine thousand seven hundred and seventy three only) with interest 7.5% p.a. from the date of the claim petition till the date of realization as detailed below:- The Appellant Corporation is directed to deposit the compensation awarded after giving credit to the deposit if any already made by them with interest as mentioned above within a period of eight weeks from the date of receipt of a copy of this order. The claimant is entitled to withdraw the entire award amount after giving credit to the amount if any already withdrawn by him with interest. No costs.