Judgment :- 1. These appeals are taken up for final disposal at the time of admission itself. 2. The Civil Miscellaneous Appeals are filed by the Transport Corporation against the common Award and Decree made in MCOP Nos.93, 158 to 160, 162, 179 to 183 of 2010 dated 22.07.2010 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate) Erode. 3. Since these appeals arise out of the common accident and common award, they are taken up together and disposed of by a common judgment. 4.Background facts in a nutshell are as follows:- The claimants in CMA Nos.373 to 380 and 382 of 2011 and the deceased Rajalakshmi @ Baby Rajalakshmi met with motor vehicle accident that took place on 26.12.2008 at about 1.45p.m. The claimants in CMA Nos.373 to 380 and 382 of 2011 and the deceased Rajalakshmi @ Baby Rajalakshmi were returning from Pannari Amman Temple at Sathyamangalam in a Maruthi Omni Van bearing registration No.TN-30-U-6474 03.02.2002. While they were nearing Essar Petrol Bunk, Arasur, a bus belonging to the appellant-Transport Corporation bearing registration No.TN-33-N-1826 driven by its driver, the 12th respondent herein, in a rash and negligent manner and hit the Omni van. Due to the said impact, the Omni van was capsized and the claimants in CMA Nos.373 to 380 and 382 of 2011 and the deceased Rajalakshmi @ Baby Rajalakshmi (CMA.No.381 of 2011) were sustained multiple injuries all over the body. Immediately they were taken in the Government Mobile medical Team Ambulance bearing Registration No.TN-20-G-0591 belonging to the 14th respondent herein and driven by the 13th respondent herein in a rash and negligent manner and hit against the roadside tree at about 2.00p.m. Due to the same, the claimants in CMA Nos.373 to 380 and 382 of 2011 and the deceased Rajalakshmi @ Baby Rajalakshmi (CMA.No.381 of 2011) were again sustained injuries. Immediately they were admitted in Government Hospital, Gobichettipalayam. The deceased Rajalakshmi @ Baby Rajalakshmi in CMA.No.381 of 2011 died in the hospital on the same day itself. The claimants in each appeal claimed compensation before the Tribunal as follows. Immediately they were admitted in Government Hospital, Gobichettipalayam. The deceased Rajalakshmi @ Baby Rajalakshmi in CMA.No.381 of 2011 died in the hospital on the same day itself. The claimants in each appeal claimed compensation before the Tribunal as follows. MCOP No.93 of 2010(CMA.No.373 of 2011) -Rs.2,00,000/-; MCOP No.158 of 2010(CMA.No.374 of 2011) -Rs.2,00,000/-; MCOP No.159 of 2010(CMA.No.375 of 2011) -Rs.1,50,000/-; MCOP No.160 of 2010(CMA.No.376 of 2011) -Rs.1,50,000/-; MCOP No.162 of 2010(CMA.No.377 of 2011) -Rs.1,00,000/-; MCOP No.179 of 2010(CMA.No.378 of 2011 )-Rs.3,10,000/-; MCOP No.180 of 2010(CMA.No.379 of 2011) -Rs.4,00,000/-; MCOP No.181 of 2010(CMA.No.380 of 2011) -Rs.4,00,000/-; MCOP No.182 of 2010(CMA.No.381 of 2011) -Rs.3,10,000/-; MCOP No.183 of 2010(CMA.No.382 of 2011) -Rs.4,00,000/- The appellant/Transport Corporation resisted the claims. On pleadings, the Tribunal framed the following issues in all the appeals:- a) Who is responsible for the accident? b) The claimants in all these petitions are entitled to any compensation? 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 appellant-Transport Corporation, the 12th respondent and the driver of The District Health Society(14th respondent), who is the 13th respondent herein and awarded a compensation of Rs.21,800/- in MCOP No.93 of 2010(CMA.No.373 of 2011); Rs.30,450/- in MCOP No.158 of 2010(CMA.No.374 of 2011); Rs.55,710/- in MCOP No.159 of 2010(CMA.No.375 of 2011); Rs.15,170/- in MCOP No.160 of 2010 (CMA.No.376 of 2011); Rs.24,560/- in MCOP No.162 of 2010(CMA.No.377 of 2011); Rs.58,440/- in MCOP No.179 of 2010(CMA.No.378 of 2011); Rs.1,22,000/- in MCOP No.180 of 2010(CMA.No.379 of 2011); Rs.1,60,980 in MCOP No.181 of 2010 (CMA.No.380 of 2011); Rs.1,49,500/- in MCOP No.182 of 2010(CMA.No.381 of 2011); and Rs.87,000/- in MCOP No.183 of 2010(CMA.No.382 of 2011) with interest at 7.5% p.a. from the date of petition and further directed the appellant-Transport Corporation and the District Health Society, the 14th respondent herein to pay the compensation 50% each. The details of the compensation awarded by the Tribunal in these appeals are as under:- MCOP No.93 of 2010(CMA.No.373 of 2011) Injuries Rs.12,000/- Medical expenses Rs. 9,800/- ---------------- Rs.21,800/- ---------------- MCOP No.158 of 2010(CMA.No.374 of 2011) Injuries Rs.16,000/- Medical expenses Rs.14,450/- --------------- Rs.30,450/- ------------------ MCOP No.159 of 2010(CMA.No.375 of 2011) Simple Injuries Rs. 14,000/- Grievous injuries Rs. 20,000/- `Pain & sufferings Rs. 8,000/- Extra nourishment Rs. 5,000/- Transport charges Rs. 3,000/- Medical expenses Rs. 4,960/- Loss of income Rs. 750/- ---------------- Rs. 9,800/- ---------------- Rs.21,800/- ---------------- MCOP No.158 of 2010(CMA.No.374 of 2011) Injuries Rs.16,000/- Medical expenses Rs.14,450/- --------------- Rs.30,450/- ------------------ MCOP No.159 of 2010(CMA.No.375 of 2011) Simple Injuries Rs. 14,000/- Grievous injuries Rs. 20,000/- `Pain & sufferings Rs. 8,000/- Extra nourishment Rs. 5,000/- Transport charges Rs. 3,000/- Medical expenses Rs. 4,960/- Loss of income Rs. 750/- ---------------- Rs. 55,710/- ------------------ MCOP No.160 of 2010(CMA.No.376 of 2011) InjuriesRs.12,000/- Medical expensesRs. 3,170/- ---------------- Rs.15,170/- ---------------- MCOP No.162 of 2010(CMA.No.377 of 2011) Injuries Rs. 18,000/- Pain & sufferings Rs. 2,000/- Medical expenses Rs. 4,060/- Loss of income Rs. 500/- ---------------- Rs. 24,560/- ------------------ MCOP No.179 of 2010(CMA.No.378 of 2011) Permanent disability Rs. 28,000/- Pain & sufferings Rs. 5,000/- Extra nourishment Rs. 3,000/- Transport charges Rs. 2,000/- Medical expenses Rs. 18,440/- Loss of income Rs. 2,000/- ---------------- Rs. 58,440/- ------------------ MCOP No.180 of 2010(CMA.No.379 of 2011) Permanent disability Rs. 48,000/- Pain & sufferings Rs. 10,000/- Extra nourishment Rs. 5,000/- Transport charges Rs. 3,000/- Medical expenses Rs. 56,000/- ---------------- Rs.1,22,000/- ------------------ MCOP No.181 of 2010(CMA.No.380 of 2011) Permanent disability Rs. 50,000/- Future Medical Expenses Rs. 25,000/- Pain & sufferings Rs. 10,000/- Extra nourishment Rs. 5,000/- Transport charges Rs. 3,000/- Medical expenses Rs. 65,980/- Loss of income Rs. 2,000/- ---------------- Rs.1,60,980/- ------------------- MCOP No.182 of 2010(CMA.No.381 of 2011) Los of income Rs. 1,27,500/- Loss of love & affection Rs. 20,000/- Funeral expenses Rs. 2,000/- ---------------- Rs. 1,49,500/- ------------------- MCOP No.183 of 2010(CMA.No.382 of 2011) Permanent disability Rs. 44,000/- Pain & sufferings Rs. 8,000/- Extra nourishment Rs. 5,000/- Transport charges Rs. 3,000/- Medical expenses Rs. 25,500/- Loss of income Rs. 1,500/- ---------------- Rs. 87,000/- ------------------- Aggrieved by these awards, the appellant-Transport Corporation has filed the present appeals. 5. Learned counsel appearing for the appellant/-Transport Corporation questioning quantum as well as award vehemently contended that the Tribunal is wrong in holding that there is negligent on the part of the driver of the bus and the Tribunal ought to have fixed the entire liability on the driver of the Maruthi Van as well as the driver of the Ambulance and the finding given by the Tribunal fixing 50% liability on the driver of the bus is not in accordance with law. He further contended that the compensation awarded by the Tribunal is excessive, exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside. 6. Heard the counsel. On the side of the claimants, witnesses P.Ws.1 to 12 were examined and documents Exs.P1 to P56 were marked. On the side of the appellant-Transport Corporation and the Insurance company, RWs.1 to 4 were examined and Exs.R1 to R6 were marked. P.W.1 is the mother of the deceased Rajalakshmi @ baby Rajalakshmi in CMA No.381 of 2011(MCOP No.182/10) and claimant in CMA.No.376/2011(MCOP No.160/2010). P.Ws.2 and 7 are the fathers of the minor claimants in CMA.Nos.374/11 and 180 of 2011. PWs.3 to 6 and 8 are claimants. Pws.9 to 12 are doctors. RW1-Vaitheeswaran is the officer of the Insurance company. RW2-Pragadeeswaran is the driver of the appellant-Transport Corporation. RW3-Duraivel is the driver of the Ambulance van. RW4-Selvam is the Controller of the Ambulance van. 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 appellant-Transport Corporation, the 12th respondent herein and the driver of The District Health Society(14th respondent), who is the 13th respondent herein and hence, the appellant-Transport Corporation as well as the District Health Society, the 14th respondent herein are liable to pay the compensation 50% each. Either the appellant-Transport Corporation or the District Health Society, the 14th respondent herein has not produced any contra evidence or compelling reason to take a contrary view of the Tribunal and hence, the finding given by the Tribunal is based on valid materials and evidence and the same is confirmed. 7. CMA.No.373 of 2011(MCOP No.93 of 2010) The injured- Minor Shanmugapriyan was aged about 15 years at the time of the accident. He is studying 10th standard in Sengunthar Higher Secondary School, Tharamangalam. PW7-Palanivelu, the father of the minor claimant, deposed in his evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and the claimant sustained simple injuries. Immediately he was admitted in the Government Hospital, Gobi. Ex.P41 is the Accident register. Ex.P42 is the medical bills; Ex.P43 is the discharge summary; Exs.P44 and 45 are the X-rays. Immediately he was admitted in the Government Hospital, Gobi. Ex.P41 is the Accident register. Ex.P42 is the medical bills; Ex.P43 is the discharge summary; Exs.P44 and 45 are the X-rays. It is seen from Ex.P41 that the claimant sustained three injuries and they are simple in nature. PW10-doctor, who examined the claimant, also affirmed the same. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.12,000/- towards injuries. Taking into consideration the injuries sustained by the claimant, the amount awarded under this head is very reasonable and the same is confirmed. The Tribunal has also awarded Rs.9,800/- towards medical expenses. Ex.P42 is the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.21,800/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.10,900/- with interest at 7.5% per annum, less the amount if any already deposited, within a period of ten weeks from the date of receipt of a copy of this order. The injured being minor, the Tribunal is directed to deposit the said compensation amount in a fixed deposit in any one of the nationalised bank till he attains majority. The father of the minor claimant is permitted to withdraw accrued interest thereon once in three months on making proper application. 8.CMA.No.374 of 2011(MCOP No.158 of 2010) The injured- Minor Logeswari was aged about 9 years at the time of the accident. The father of the minor claimant is permitted to withdraw accrued interest thereon once in three months on making proper application. 8.CMA.No.374 of 2011(MCOP No.158 of 2010) The injured- Minor Logeswari was aged about 9 years at the time of the accident. She is studying 3rd standard in Jeyarani Metric Higher Secondary School, Salem. PW2-Chidambaram, the father of the minor claimant, deposed in his evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and the claimant sustained grievous injuries in her left hand and forehead and lacerated injury all over the body. Immediately she was admitted in Government Hospital, Gobi and later at Lotus Hospital, Erode. Ex.P17 is the Accident register. Ex.P18 is the medical bills; Ex.P19 is the discharge summary; It is seen from Ex.P17-accident register that the claimant sustained five injuries and they are simple in nature. As per Ex.P19, she took treatment as inpatient from 26.12.2008 to 28.12.2008. PW10-doctor, who examined the claimant, also affirmed the same. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.16,000/- towards injuries. Taking into consideration the injuries sustained by the claimant, the amount awarded under this head is very reasonable and the same is confirmed. The Tribunal has also awarded Rs.14,450/- towards medical expenses. Ex.P18 are the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.30,450/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.15,225/- with interest at 7.5% per annum, less the amount if any already deposited, within a period of ten weeks from the date of receipt of a copy of this order. The injured being minor, the Tribunal is directed to deposit the said compensation amount in a fixed deposit in any one of the nationalised bank till she attains majority. The father of the minor claimant is permitted to withdraw accrued interest thereon once in three months on making proper application. 9. CMA.No.375 of 2011(MCOP No.159 of 2010) The injured-Kalavathi was aged about 50 years at the time of the accident. She is an Agriculturist and was earning Rs.3,000/- per month. PW6-the claimant viz.,Kalavathi, deposed in her evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and she sustained grievous injuries in her forehead; teeth fracture; bone fracture in her right upper hand and lacerated injuries all over the body. Immediately she was admitted in Government Hospital, Gobi and later at Lotus Hospital, Erode. Ex.P33 is the Accident register. Ex.P34 is the medical bills; Ex.P35 is the discharge summary and Ex.P36 is the x-ray. It is seen from Ex.P33-accident register that the claimant sustained seven injuries and injuries 5 and 7 are grievous in nature and other injuries are simple in nature. She took treatment as inpatient from 26.12.2008 to 28.12.2008. PW10-doctor, who examined the claimant, also affirmed the same. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.14,000/- towards simple injuries and Rs.20,000/- towards grievous injuries. Considering the nature of injuries sustained, the amount awarded under these heads are very reasonable and the same are confirmed. The Tribunal has also awarded Rs.8,000/- towards pain and sufferings, which is very reasonable and the same is confirmed. The Tribunal has awarded Rs.5,000/- towards extra nourishment and Rs.3,000/- towards transport charges. Considering the fact that the claimant took treatment in Government Hospital, Gobi and later at Lotus Hospital, Erode, and the nature of injuries sustained, the amount awarded under these heads are also very reasonable and the same are confirmed. The Tribunal has awarded Rs.4,960/- towards medical expenses. The Tribunal has awarded Rs.5,000/- towards extra nourishment and Rs.3,000/- towards transport charges. Considering the fact that the claimant took treatment in Government Hospital, Gobi and later at Lotus Hospital, Erode, and the nature of injuries sustained, the amount awarded under these heads are also very reasonable and the same are confirmed. The Tribunal has awarded Rs.4,960/- towards medical expenses. Ex.P34 are the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has awarded a sum of Rs.750/- towards loss of income during treatment period, which is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.55,710/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.27,855/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application. 10. CMA.No.376 of 2011(MCOP No.160 of 2010) The injured-Alamelu @ Mangai was aged about 30 years at the time of the accident. She is working as Computer Operator and was earning Rs.5,000/- per month. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application. 10. CMA.No.376 of 2011(MCOP No.160 of 2010) The injured-Alamelu @ Mangai was aged about 30 years at the time of the accident. She is working as Computer Operator and was earning Rs.5,000/- per month. PW1- the claimant deposed in her evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and she sustained grievous injuries in her left hand, forehead and hip and lacerated injuries all over the body. Immediately she was admitted in Government Hospital, Gobi and later at Lotus Hospital, Erode. Ex.P13 is the Accident register. Ex.P14 is the medical bills; Ex.P15 is the discharge summary. It is seen from Ex.P13-accident register that the claimant sustained three injuries and they are simple in nature. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.12,000/- towards injuries, which is very reasonable and the same is confirmed. The Tribunal has awarded Rs.3,170/- towards medical expenses. Ex.P14 are the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.15,170/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court. Moreover, since 50% of the award is lesser than the prescribed limit contemplated under Section 173 of the Motor Vehicles Act, the appeal is liable to be dismissed as not maintainable and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. Moreover, since 50% of the award is lesser than the prescribed limit contemplated under Section 173 of the Motor Vehicles Act, the appeal is liable to be dismissed as not maintainable and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. However, as per above finding, the liability of the Transport Corporation is only 50%, they are directed to deposit 50% of the award amount of Rs.7,585/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application. 11. CMA.No.377 of 2011(MCOP No.162 of 2010) The injured-Kannan was aged about 25 years at the time of the accident. He is a lorry body building contractor and was earning Rs10,000/- per month. PW8- the claimant, deposed in his evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and he sustained grievous injuries in his right leg and right hand and lacerated injuries all over the body. Immediately he was admitted in Government Hospital, Gobi and later at Lotus Hospital, Erode. Ex.P46 is the Accident register. Ex.P47 is the medical bills; Ex.P48 is the discharge summary. It is seen from Ex.P46-accident register that the claimant sustained seven injuries and they are simple in nature. He took treatment as inpatient on 26.12.2008 and 27.12.2008. PW10-doctor, who examined the claimant, also affirmed the same. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.18,000/- towards injuries. Considering the nature of injuries sustained, the amount awarded under this head is very reasonable and the same is confirmed. The Tribunal has also awarded Rs.2,000/- towards pain and sufferings, which is very reasonable and the same is confirmed. The Tribunal has awarded Rs.4,060/- towards medical expenses. Ex.P47 are the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has awarded a sum of Rs.500/-towards loss of income during treatment period, which is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has awarded a sum of Rs.500/-towards loss of income during treatment period, which is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.24,560/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.12,280/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application. 12. CMA.No.378 of 2011(MCOP No.179 of 2010) The injured-Ravi was aged about 32 years at the time of the accident. He is a partner in S.R.S. Workshop and was earning Rs.20,000/- per month. PW3- the claimant, deposed in his evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and he sustained grievous injuries in her head; left eyebrow, right knee and right hip, fracture in her nose and lacerated injuries all over the body. Immediately he was admitted in Government Hospital, Gobi and later at Lotus Hospital, Erode. Ex.P20 is the Accident register. Ex.P21 is the medical bills; Ex.P22 is the discharge summary. It is seen from Ex.P20-accident register that the claimant sustained six injuries and third injury is the grievous in nature and other injuries viz., injuries 1, 2, 4, 5 and 6 are simple in nature. Ex.P20 is the Accident register. Ex.P21 is the medical bills; Ex.P22 is the discharge summary. It is seen from Ex.P20-accident register that the claimant sustained six injuries and third injury is the grievous in nature and other injuries viz., injuries 1, 2, 4, 5 and 6 are simple in nature. He took treatment as inpatient from 26.12.2008 to 29.12.2008. PW10-doctor also affirmed the same. PW11-doctor Periyasamy, who examined the claimant, deposed in his evidence that there is mal-union of nasal bones and he is suffering for breathing. Considering the above injuries, PW11 issued Ex.49-disability certificate determining the disability at 14%. Ex.50 is the x-ray. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.28,000/- towards 14% permanent disability. Normally the courts award Rs.1,000 to Rs.2,000/- per percentage of disability. Following the decision of this Court in the case of PANDIAN V. M.EASWARI AND ANOTHER reported in 2008(1) TNMAC 519, the Tribunal has awarded Rs.2,000/- per percentage of disability. Therefore, the amount of Rs.28,000/- awarded towards 14% disability is very reasonable and the same is confirmed. The Tribunal has awarded Rs.18,440/- towards medical expenses. Ex.P21 are the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has also awarded Rs.5,000/-towards pain and sufferings, which is very reasonable and the same is confirmed. The Tribunal has awarded Rs.3,000/- towards extra nourishment and Rs.2,000/- towards transport charges. Considering the fact that the claimant took treatment in Government Hospital, Gobi and later at Lotus Hospital, Erode, and the nature of injuries sustained, the amount awarded under these heads are also very reasonable and the same are confirmed. The Tribunal has awarded a sum of Rs.2000/- towards loss of income during treatment period, which is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.58,440/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.29,220/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application. 13. CMA.No.379 of 2011(MCOP No.180 of 2010) The injured-minor Sankavi was aged about 13 years at the time of the accident. She is studying IX standard in Government Higher Secondary School, Tharamangalam. PW-7 is the father of the minor claimant. He deposed in his evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and her daughter sustained grievous injuries in her forehead; bone fracture in her lower jaw, multiplier bone fracture in her right hand and lacerated injury all over the body. Immediately she was admitted in Government Hospital, Gobi and later at Lotus Hospital, Erode. Ex.P37 is the Accident register. Ex.P38 is the medical bills; Ex.P39 is the discharge summary. It is seen from Ex.P37-accident register that the claimant sustained five injuries and two injuries are grievous in nature and other injuries viz., injuries 1, 3, 4 are simple in nature. PW10-doctor also affirmed the same. Ex.P37 is the Accident register. Ex.P38 is the medical bills; Ex.P39 is the discharge summary. It is seen from Ex.P37-accident register that the claimant sustained five injuries and two injuries are grievous in nature and other injuries viz., injuries 1, 3, 4 are simple in nature. PW10-doctor also affirmed the same. PW11-doctor Periyasamy, who examined the claimant, deposed in his evidence that she undergone surgery and plate and screw were fixed and movement of her right hand was restricted and she cannot lift any article or do the work as before. Considering the above injuries, PW-11 issued Ex.P51-disability certificate determining the disability at 24%. Ex.P51 is the x-ray. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.48,000/- towards 24% permanent disability. Normally the courts award Rs.1,000 to Rs.2,000/- per percentage of disability. Following the decision of this Court in the case of PANDIAN V. M.EASWARI AND ANOTHER reported in 2008(1) TNMAC 519, the Tribunal has awarded Rs.2,000/- per percentage of disability. Therefore, the amount of Rs.48,000/-awarded towards 24% disability is very reasonable and the same is confirmed. The Tribunal has awarded Rs.56,000/- towards medical expenses. Ex.P38 are the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has also awarded Rs.10,000/- towards pain and sufferings, which is very reasonable and the same is confirmed. The Tribunal has awarded Rs.5,000/- towards extra nourishment and Rs.3,000/- towards transport charges. Considering the fact that the claimant took treatment in Government Hospital, Gobi and later at Lotus Hospital, Erode, and the nature of injuries sustained, the amount awarded under these heads are also very reasonable and the same are confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.1,22,000/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.61,000/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application. 14. CMA.No.380 of 2011(MCOP No.181 of 2010) The injured-Ramya was aged about 25 years at the time of the accident. She is doing tailoring work and was earning Rs.3,000/- per month. PW-5-the claimant deposed in her evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and she sustained grievous injuries in her head; bone fracture in her left jaw, lower jaw, and left four ribs; injuries in her right hand, left shoulder and left cheek and lacerated injuries all over the body. Immediately she was admitted in Government Hospital, Gobi and later at Lotus Hospital, Erode. Ex.P28 is the Accident register. Ex.P29 is the medical bills; Ex.P30 is the discharge summary. She further deposed that she often getting giddiness and unable to do the work as before. It is seen from Ex.P28-accident register that the claimant sustained six injuries and injuries 2, 3 and 6 are grievous in nature and other injuries viz., injuries 1, 4 and 5 are simple in nature. Pws10 and 9, who are the doctors, also affirmed the same. It is seen from Ex.P28-accident register that the claimant sustained six injuries and injuries 2, 3 and 6 are grievous in nature and other injuries viz., injuries 1, 4 and 5 are simple in nature. Pws10 and 9, who are the doctors, also affirmed the same. PW12-doctor Venkatachalam, who examined the claimant, deposed that due to the injuries sustained, there is disfiguration in her face and he is unable to eat food. Considering the same, he issued Ex.P56-disability certificate determining the disability at 25%. Ex.P55 is the x-ray. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.50,000/- towards 25% permanent disability. Normally the courts award Rs.1,000 to Rs.2,000/- per percentage of disability. Following the decision of this Court in the case of PANDIAN V. M.EASWARI AND ANOTHER reported in 2008(1) TNMAC 519, the Tribunal has awarded Rs.2,000/- per percentage of disability. Therefore, the amount of Rs.50,000/-awarded towards 25% disability is very reasonable and the same is confirmed. The Tribunal has awarded Rs.65,980/- towards medical expenses. Ex.P29 are the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has also awarded Rs.10,000/- towards pain and sufferings, which is very reasonable and the same is confirmed. The Tribunal has awarded Rs.5,000/- towards extra nourishment and Rs.3,000/- towards transport charges. Considering the fact that the claimant took treatment in Government Hospital, Gobi and later at Lotus Hospital, Erode, and the nature of injuries sustained, the amount awarded under these heads are also very reasonable and the same are confirmed. Considering the fact that to remove the plate and screws fixed at the time of surgery, the claimant would have spent some amount and hence, the Tribunal has awarded Rs.25,000/- towards future medical expenses. PW12-doctor also affirmed the same. Hence the amount awarded under this head is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Hence the amount awarded under this head is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.1,60,980/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.80,490/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application. 15. CMA.No.381 of 2011(MCOP No.182 of 2010) The minor deceased Rajalakshmi @ Babi Rajalakshmi was aged about 11 years at the time of the accident. She is studying V Standard at Jayarani Metric Higher Secondary School, Salem. The claimants are father and mother of the deceased. PW-1-the mother of the deceased and the claimant in CMA No.376 of 2011, deposed in her evidence that the accident occurred due to the rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van. Immediately after the accident she was admitted in Government Hospital, Gobi, where she died on the same day at 2.30p.m. Ex.P12 is the post mortem certificate. Ex.P16 is the mark sheet and transfer certificate. In Ex.P12, the age of the deceased was mentioned as 10 years. The Tribunal, following the decisions of the Apex Court in GYANCHAND JAIN V. PARMANAND (2003 ACJ 2152) and SARLA VERMA & OTHERS V. DELHI TRANSPORT CORPORATIO AND ANOTHER (2009 (2) TNMAC 1), taken the age of the mother for adopting the multiplier. In Ex.P12, the age of the deceased was mentioned as 10 years. The Tribunal, following the decisions of the Apex Court in GYANCHAND JAIN V. PARMANAND (2003 ACJ 2152) and SARLA VERMA & OTHERS V. DELHI TRANSPORT CORPORATIO AND ANOTHER (2009 (2) TNMAC 1), taken the age of the mother for adopting the multiplier. The Tribunal considering the fact that the deceased is a student, fixed the annual income at Rs.15,000/- and considering the age of the mother as 30 years, adopted the multiplier of 17' and determined the loss of income at Rs.2,55,000/-. Out of the said sum, the Tribunal has deducted 50% of Rs.1,27,500/- towards her personal expenses and taken the balance sum of Rs.1,27,500/- as loss of income. As per decision of Sarla Verma, the Tribunal is correct in fixing the annual income as well as adopting the multiplier of 17' and also deducting 50% towards personal expenses. Therefore, the amount of Rs.1,27,500/- awarded towards loss of income is very reasonable and the same is confirmed. The Tribunal has awarded Rs.10,000/- towards loss of love and affection and Rs.2,000/- towards funeral expenses, which are very reasonable and the same are confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimants are entitled to the award of Rs.1,49,500/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.74,750/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.74,750/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application. 16. CMA.No.382 of 2011(MCOP No.183 of 2010) The injured-Venkatesh was aged about 29 years at the time of the accident. He is a Manager in I.B.P. Petrol Bunk, Ariyanoor and was earning Rs.10,000/- per month. PW-4-the claimant deposed in his evidence that the accident occurred due to rash and negligent driving of the driver of the appellant-Transport Corporation bus and the Ambulance van and he sustained grievous injuries in his forehead; bone fracture in h is right knee and right wrist, simple injury in his right shoulder and lacerated injuries all over the body. Immediately he was admitted in Government Hospital, Gobi and later at Lotus Hospital, Erode from 26.12.2008 to 28.12.2008. Ex.P24 is the Accident register. Ex.P25 is the medical bills; Ex.P26 is the discharge summary; Ex.P27 is the x-ray. It is seen from Ex.P24-accident register that the claimant sustained six injuries and the 6th injury is grievous in nature and other injuries viz., injuries 1 to 5 are simple in nature. PW.10-doctor also affirmed the same. PW11-doctor Periyasamy, who examined the claimant, deposed that due to the injuries sustained in his right leg, he undergone surgery and screw was fixed in his right tibia bone and hence, there is restricted movement in his right knee and he cannot walk, stand and climb the stairs. Considering the same, the doctor issued Ex.P53-disability certificate determining the disability at 22%. Considering the oral and documentary evidence, the Tribunal awarded a sum of Rs.44,000/- towards 22% permanent disability. Normally the courts award Rs.1,000 to Rs.2,000/- per percentage of disability. Following the decision of this Court in the case of PANDIAN V. M.EASWARI AND ANOTHER reported in 2008(1) TNMAC 519, the Tribunal has awarded Rs.2,000/- per percentage of disability. Therefore, the amount of Rs.44,000/- awarded towards 22% disability is very reasonable and the same is confirmed. The Tribunal has awarded Rs.25,500/- towards medical expenses. Ex.P25 are the medical bills. Following the decision of this Court in the case of PANDIAN V. M.EASWARI AND ANOTHER reported in 2008(1) TNMAC 519, the Tribunal has awarded Rs.2,000/- per percentage of disability. Therefore, the amount of Rs.44,000/- awarded towards 22% disability is very reasonable and the same is confirmed. The Tribunal has awarded Rs.25,500/- towards medical expenses. Ex.P25 are the medical bills. It is an actual expenditure incurred by the claimant. Therefore, the amount awarded by the Tribunal under this head is very reasonable and the same is confirmed. The Tribunal has also awarded Rs.8,000/- towards pain and sufferings, which is very reasonable and the same is confirmed. The Tribunal has awarded Rs.5,000/- towards extra nourishment and Rs.3,000/- towards transport charges. Considering the fact that the claimant took treatment in Government Hospital, Gobi and later at Lotus Hospital, Erode, and the nature of injuries sustained, the amount awarded under these heads are also very reasonable and the same are confirmed. The Tribunal has awarded a sum of Rs.1,500/- towards loss of income, which is very reasonable and the same is confirmed. The Tribunal has awarded interest at 7.5% p.a. from the date of petition. Considering the prevailing rate of interest during that period and the date of award, the interest awarded by the Tribunal is very reasonable and the same is confirmed. Accordingly, the claimant is entitled to the award of Rs.87,000/- with interest at 7.5% per annum from the date of petition and the amount awarded by Tribunal is based on valid materials and there is no error or illegality in the order of the Tribunal so as to warrant interference by this Court and it is not a fit case for admission and therefore, the Civil Miscellaneous Appeal is liable to be dismissed and accordingly, it is dismissed. No costs. Consequently, MP No.1 of 2011 is also dismissed. As per above finding, the liability of the Transport Corporation is 50%. Therefore, the appellant-Transport Corporation is directed to deposit 50% of the award amount of Rs.43,500/- with interest at 7.5% per annum, less the amount, if any, already deposited, within a period of ten weeks from the date of receipt of a copy of this order. On such deposit, the claimant is also permitted to withdraw the same, less the amount already withdrawn, on making proper application.