Judgment 1. Aggrieved over the Award passed by the Motor Accident Claims Tribunal, Madurai, in M.C.O.P.No.768 of 1993, the transport Corporation has filed this Civil Miscellaneous Appeal. 2. Brief facts of the case are as follows: On 11.06.1992, when the claimant was proceeding in a two wheeler bearing Reg.No.TN-45-P-2420 on Madurai - Dindigul Road near Meenakshi Mill, at that time, the bus bearing Reg.No.TCP 4154, came in the opposite direction and while overtaking a stationed lorry, hit against the motor bike. In the accident, the claimant had sustained injuries. Contending that the accident had taken place due to negligence of the driver of the transport Corporation bus, a claim was filed for a sum of Rs.1,50,000/-. 3. Resisting the claim petition, the appellant has filed a counter affidavit denying the manner of accident and the liability to pay compensation. 4. During the trial, the claimant has examined two witnesses and marked Exs.P1 to P11. On the side of the appellant, one Prabhakaran was examined as R.W.1, but they have not filed any documentary evidence. 5. The Tribunal relying upon the evidence of P.W.1, Ex.P2, First Information Report and after considering the evidence of R.W.1 held that the driver of the Bus and the rider Motor Cycle were responsible for the accident and awarded a compensation of Rs.52,528.45 along with interest at 12% per annum. Challenging the award, the appellant has filed this appeal. 6. Head Mr. M. Prakash, learned counsel for the appellant and Mr. C. Vakeeswaran, learned counsel for the respondent and perused the records. 7. The learned counsel for the appellant submitted that the rider of the Motor cycle alone was responsible for the accident and hence, the appellant is not liable to pay any compensation. It is further submitted that the award passed by the Tribunal is excessive. 8. Per contra, the learned counsel for the respondent submitted in support of the award passed by the Tribunal. 9. The Tribunal has elaborately dealt with the documentary evidence and the oral evidence of P.W.1 and R.W.1 to come to the conclusion that both the driver of the bus and rider of the motorcycle were responsible for the accident. 8. Per contra, the learned counsel for the respondent submitted in support of the award passed by the Tribunal. 9. The Tribunal has elaborately dealt with the documentary evidence and the oral evidence of P.W.1 and R.W.1 to come to the conclusion that both the driver of the bus and rider of the motorcycle were responsible for the accident. Even though Ex.P1 O.P. Sheet shows that the rider of the two wheeler had consumed liquor at the time of accident, the Tribunal, after considering the evidence of R.W.1, has fixed the liability on the appellant and there is no other evidence available to indicate that the rider of the motor cycle is wholly responsible for the accident. Hence, the findings of the Tribunal on negligence is confirmed. 10. P.W.1 has given evidence stating that in the accident he sustained fractures in two fingers on the right hand and he lost one finger. Ex.P11 is the X-ray and Ex.P9 is the wound certificate. Evidence of P.W.2, Doctor Jeganathan, corroborates with the evidence of P.W.1. The Tribunal on the basis of evidence of P.W.1, P.W.2 and Ex.P9 has awarded a consolidated sum of Rs.40,000/- towards the injuries sustained by the claimant and deducted 1/3rd towards the contributory negligence and awarded Rs.26,667/-. The Tribunal has further awarded Rs.5,970/-towards Medical expenses, Rs.5000/-towards pain and suffering, Rs.11891.45 towards damages to the two wheeler and Rs.3000/- towards extra nourishment. The Tribunal has totally awarded a sum of Rs.52,528.45. 11. The Tribunal while deciding the issue of negligence has held that both the driver of the bus and the rider of the two wheeler were responsible for the accident, but has not apportioned the liability. But, while awarding Rs.40,000/- for the injuries sustained by the claimant, the Tribunal has deducted 1/3 towards contributory negligence. In respect of other heads, the Tribunal has not made any deduction towards contributory negligence. Once the Tribunal has held that both the driver and the rider of the motorcycle were responsible for the accident, the deduction has to be made in respect of other heads also. 12. The award passed by the Tribunal relying on the evidence of P.W.1, Exs.P9 and P11 towards the injuries sustained by the claimant at Rs.40,000/-is reasonable and the same is confirmed. Ex.P12 shows that the injured has spent Rs.5,970 towards medical expenses. 12. The award passed by the Tribunal relying on the evidence of P.W.1, Exs.P9 and P11 towards the injuries sustained by the claimant at Rs.40,000/-is reasonable and the same is confirmed. Ex.P12 shows that the injured has spent Rs.5,970 towards medical expenses. The Tribunal has awarded Rs.5970/- towards medical expenses and the same confirmed and rounded of to Rs.6000/-. The Award passed by the Tribunal in respect of pain and suffering and extra nourishment are confirmed. The award passed by the Tribunal for damage to the two wheeler is rounded of to Rs.12,000/-. Hence the award of the Tribunal is modified as follows:- 1. For the injuries sustained Rs. 40,000 2. Medical expenses Rs. 6,000 3. Pain and suffering Rs. 5,000 4. Damage to the two Wheeler Rs. 12,000 5. Extra Nourishment Rs. 3,000 Total Rs. 66,000 13. Out of total compensation of Rs.66,000/-, if 1/3 is deducted towards contributory negligence, the claimant is entitled to Rs.44,000/-. The interest awarded by the Tribunal is maintained. 14. In the result, the Civil Miscellaneous Appeal is partly allowed and the amount awarded by the Tribunal as Rs.52,428.45 is reduced to Rs.44,000/-. The claimant will be entitled to for modified compensation along with 12% interest per annum. The appellant transport Corporation is directed to deposit the award amount, now determined by this Court, if not already deposited. On such deposit, the claimant is permitted to receive the modified award amount. If the entire amount is already deposited, the appellant is permitted to withdraw the excess amount with proportionate interest. No costs.