Judgment 1. The appellant/claimant has preferred the present appeal against the judgment and decree dated 23.01.2007, made in M.A.C.T.O.P.No.4120 of 2000, on the file of the IV Small Causes Court, Motor Accident Claims Tribunal, Chennai. 2. The short facts of the case are as follows:- On 12.07.1999, at about 04.30 p.m., when the claimant was proceeding in his Bajaj Motorcycle bearing registration No.TN04 Y6139, on Anna Salai, the driver of the respondent Corporation bus came behind him in a rash and negligent manner and dashed behind the motorcycle. As a result, the claimant had sustained injuries. Therefore, he filed a claim petition, against the respondent Corporation, in M.A.C.T.O.P.No.4120 of 2000, on the file of the IV Small Causes Court, Motor Accident Claims Tribunal, Chennai, claiming a sum of Rs.1,50,000/- as compensation. 3. The respondent Corporation had filed a counter statement and resisted the claim made by the appellant/claimant stating that the respondent Corporation bus had not been involved in the accident. Actually, a Ford Car bearing registration No.TN38 D8989 had dashed against the motorcycle. Therefore, the owner and the insurer of the car are necessary parties. It was also submitted that the owner and the insurer of the motorcycle are also necessary parties and that the claim is bad for non-joinder of them. The averments made in the claim petition regarding nature of injuries and mode of treatment were also not admitted. 4. On considering the averments of both sides, the Tribunal had framed two issues namely: i. Due to whose negligence was the accident caused? and ii. Whether the claimant is entitled to receive compensation? If so, what is the quantum of compensation? 5. On the claimant's side two witnesses were examined as P.Ws.1 and 2 and five documents were marked as Exs.P1 to P5 namely Accident Register, Medical Discharge Summary, Salary Certificate, X'ray and Disability Certificate. On the respondent's side no witness was examined and no document was marked. 6. P.W.1 had adduced evidence that on 12.07.1999, at about 04.30 p.m., when he was proceeding on his Bajaj Motorcycle bearing registration No.TN04 Y6139, on Anna Salai, the driver of the respondent Corporation bus came behind him in a rash and negligent manner and dashed behind the motorcycle. As a result, he had sustained bone fracture injuries in both legs and that he was immediately admitted at Government General Hospital, wherein he underwent treatment for a long period. 7. As a result, he had sustained bone fracture injuries in both legs and that he was immediately admitted at Government General Hospital, wherein he underwent treatment for a long period. 7. P.W.2 Doctor had also spoken on the same line of P.W.1 regarding nature of injuries and mode of treatment. 8. On considering the evidences of the witnesses and on perusing the documents marked by the claimant, the Tribunal had dismissed the claim petition stating that the claimant had not proved that the accident had been occurred by the driver of the respondent Corporation bus. 9. Against the said order of dismissal, the claimant has filed the present civil miscellaneous appeal. 10. The highly competent counsel appearing for the appellant/claimant has argued that to prove the accident, accident register, medical discharge summary, X'ray and disability certificate were marked. However, at the time of trial, the claimant was unable to produce the copy of FIR, registered against the driver of the bus in crime No.462 of 1999, dated 12.07.1999, on the file of R4 Pandy Bazaar Traffic Wing. 11. The highly competent counsel appearing for the respondent Corporation has argued that in the said accident, three vehicles were involved. Actually, a Ford Car bearing registration No.TN38 D8989 had dashed against the motorcycle of the claimant. Therefore, the driver of the transport Corporation was not responsible for the said accident. 12. On verifying the facts and circumstances of the case and arguments advanced by the learned counsel on either side and on perusing the order of dismissal of the Tribunal, this Court is of the view that FIR has been registered against the driver of the bus and the claimant had been hospitalized at Government General Hospital, as inpatient. As such, as per FIR, it is proved that the accident had occurred due to the negligent driving of the driver of the bus. Therefore, this Court is inclined to grant compensation to the claimant as follows: i. Rs.20,000/- towards disability, ii. Rs.10,000/- towards pain and suffering, iii. Rs.2,000/- towards transport expenses, iv. Rs.2,000/- towards attender charges, v. Rs.2,000/- towards nutrition, and vi. Rs.2,000/- towards medical expenses, In total, this Court awards a sum of Rs.38,000/-as compensation to the appellant/claimant. Therefore, this Court is inclined to grant compensation to the claimant as follows: i. Rs.20,000/- towards disability, ii. Rs.10,000/- towards pain and suffering, iii. Rs.2,000/- towards transport expenses, iv. Rs.2,000/- towards attender charges, v. Rs.2,000/- towards nutrition, and vi. Rs.2,000/- towards medical expenses, In total, this Court awards a sum of Rs.38,000/-as compensation to the appellant/claimant. This amount will carry interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation, as it is found to be appropriate in the instant case, after considering the nature of injuries, as stated by the appellant/claimant in his claim petition. 13. This Court directs the respondent Corporation to execute this Court's Order by way of depositing the compensation amount, with accrued interest thereon, to the credit of M.A.C.T.O.P.No.4120 of 2000, on the file of the IV Small Causes Court, Motor Accident Claims Tribunal, Chennai, within a period of eight weeks, from the date of receipt of a copy of this Order. 14. After such a deposit having been made, it is open to the appellant/claimant to withdraw the compensation amount, with accrued interest thereon, lying in the credit of M.A.C.T.O.P.No.4120 of 2000, on the file of the IV Small Causes Court, Motor Accident Claims Tribunal, Chennai, after filing a memo, along with a copy of this Order. 15. In the result, this civil miscellaneous appeal is partly allowed and the Judgment and decree dated 23.01.2007, made in M.A.C.T.O.P.No.4120 of 2000, on the file of the IV Small Causes Court, Motor Accident Claims Tribunal, Chennai, is modified. Consequently, connected miscellaneous petition is closed. There is no order as to costs.