JUDGMENT (Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree, dated 20.04.2016 made in M.C.O.P.No.79 of 2015 on the file of the Motor Accidents Claims Tribunal/Special Subordinate Judge, Thanjavur.) 1. The Insurance Company is the appellant herein. Challenging the award passed in M.C.O.P.No.79 of 2015 on the point of quantum of compensation, the appellant has filed this appeal. 2. The manner of the accident, the factum of the accident and the negligence on the part of the driver of the vehicle insured with the appellant insurance company are not in dispute. Hence, the same are hereby confirmed. 3. On the point of quantum of compensation both the parties are heard. 4. The injured was aged about 8 years at the time of accident. She suffered fracture in the right hand and a crushed injury. She was a student and non-earning person. For the fractured injury, surgery was performed and skin grafting was also made and the bone was mal-united because of the skin grafting was made in the right hand, the true skin of the right hand seems to be irregular and more actually right hand knee bones are mal-united. The evidence of PW2-doctor was challenged before this Court as to the quantum of disability was fixed at 82%. 5. In support of his argument, Mr.C.Jawahar Ravindran, learned counsel for the appellant/insurance company relied upon the decision reported in 2014 (14) SCC 396 (SC) [Master Mallikarjun v. Divisional Manager, M/s.the National Insurance Co., Ltd., and another]. 6. Per contra, Mr.G.Karnan, learned counsel for the first respondent/claimant/injured relied upon the decision reported in 2014 (2) TNMAC 6 (SC) [V.Mekala v. M.Malathi and another]. 7. Regarding the nature of the injury and various surgeries that has been performed on the right hand side of the minor girl, PW3-Doctor Jeyachola Rajapandian and PW4-Doctor Rathinasabapathy were examined and Ex.P2, Ex.P4 to Ex.P12 were marked. Ex.P1 is the FIR and Ex.P3 is the Accident Report. 8. Photograph of the injured have also been filed which clearly demonstrate that the matrimonial prospects of the girl is highly bleak. The entire right hand is not only looked very ugly but because of the nervous issue developed therein due to the crush injury, it is totally become unconventional as could be seen from the evidence of PW4- Doctor Rathinasabapathy. Photograph of the injured have also been filed which clearly demonstrate that the matrimonial prospects of the girl is highly bleak. The entire right hand is not only looked very ugly but because of the nervous issue developed therein due to the crush injury, it is totally become unconventional as could be seen from the evidence of PW4- Doctor Rathinasabapathy. As per the medical evidence reveals that the injured has suffered bone fracture as well as crush injury on the right fore hand and surgery was performed and plate and screw was fixed and she was underwent operation in the Ganga Hospital, Coimbatore and further treatment was also given by skin grafting by removing the skin from the thigh and patching the same from the right hand and cover up the loss of flesh to the minor girl. The discharge summary-Ex.P4 shows that she was in patient for 36 days from 24.09.2013 to 29.10.2013 wherein a surgery was conducted on 22.10.2013. Thereafter, for some time she took treatment as outpatient and again she was readmitted in the hospital as could be seen from Ex.P6-discharge summary and again she was treated as inpatient between 09.12.2013 and 13.12.2013 and thereafter she was discharged. Again she was readmitted for another set of surgery for 6 days between 06.10.2014 and 11.10.2014 since the injured minor girl suffered nervous issues, she underwent operation on 08.10.2014. She took treatment as outpatient for 2 days from 11.05.2015 to 12.05.2015 and again she was admitted as inpatient for four more days between 27.05.2015 to 30.05.2015 and she underwent operation on 28.05.2015 and she had taken treatment as outpatient upto November, 2015. 9. Taking into account the entirety of circumstances and medical evidence of PW2 and PW4, I find that initially she has underwent surgery in Thanjavur Medical College Hospital and subsequently at Ganga Hospital and she was admitted for surgery for five times and there was a big scar on the right hand due to loss of flesh and the same was corrected by skin grafting by taking the muscles from the thigh and the medical evidence of PW2 and PW4 demonstrates that she has restriction of 50 degree disability at 22% and loss of power on the right hand at 20%. There is a mal-union shortage of length and also wrist movement was restricted to 45 degree and accordingly fixed the total disability at 82%. 10. There is a mal-union shortage of length and also wrist movement was restricted to 45 degree and accordingly fixed the total disability at 82%. 10. On reconsideration of entire disabilities narrated by the Doctors, I find that the 75% disability could be the proper. It appears that the tribunal has awarded compensation for both under permanent disability as well as under multiplier method, the same is impermissible. Accordingly, Rs.2,46,000/- for partial permanent disability granted by the trial Court is hereby stands vacated. 11. Taking into consideration the five surgeries, which were carried on the body of the young minor girl starting from the year 2013, 2014 and 2015, for 'pain and suffering' a sum of Rs.1,50,000/- granted by the trial Court appears to be reasonable and since she was underwent surgery for more than five times, Rs.50,000/- granted towards 'nutrition and extra nourishment' is also confirmed. Transportation for attending surgery for five times for two years the award of Rs.50,000/- is also confirmed. Attender charges of Rs.31,400/- for 53 days while injured was treated as inpatient is also confirmed. Since the right hand become unfunctional, the future attender charges was granted to the tune of Rs. 1,00,000/-, that is reduced to Rs.30,000/- and for 'loss of amenities' of Rs.2,00,000/- and for 'loss of marital prospects' Rs.2,00,000/- granted are hereby confirmed. Since the disability is fixed at 75% notional monthly income is fixed at Rs.5,000/-. Hence 'loss of future income' will be calculated as Rs.5000x12x18x75/100= 8,10,000/-. 12. Accordingly, the compensation arrived by this Court is summarised as under: Sl. No. Description Amount awarded by Awarded by this Court Tribunal This Court 1. For disability Rs.2,46,000/- ---- Vacated 2. Medical Bills Rs.1,13,753/- Rs.1,13,753/- Confirmed 3. For pain and suffering Rs.1,50,000/- Rs.1,50,000/- Confirmed 4. For Transportation Rs.50,000/- Rs.50,000/- Confirmed 5. For nutrition and extra nourishment Rs.50,000/- Rs.50,000/- Confirmed 6. Attender charges Rs.31,400/- Rs.31,400/- Confirmed 7. For future Attender charges Rs.1,00,000/- Rs.30,000/- Reduced 8. For loss of amenities Rs.2,00,000/- Rs.2,00,000/- Confirmed 9. For loss of future marital prospects Rs.2,00,000/- Rs.2,00,000/- Confirmed 10. For loss of income Rs.10,80,000/- Rs.8,10,000/- Reduced Total Compensation Rs.22,20,973/- Rs.16,35,153/- Reduced 13. In fine, (i) this Civil Miscellaneous Appeal stands allowed in part by reducing the compensation from Rs.22,20,973 to Rs.16,35,153 /- with interest at the rate of 7.5% per annum, from the date of petition till the date of realisation. No Costs. Consequently, connected miscellaneous petitions are closed. For loss of income Rs.10,80,000/- Rs.8,10,000/- Reduced Total Compensation Rs.22,20,973/- Rs.16,35,153/- Reduced 13. In fine, (i) this Civil Miscellaneous Appeal stands allowed in part by reducing the compensation from Rs.22,20,973 to Rs.16,35,153 /- with interest at the rate of 7.5% per annum, from the date of petition till the date of realisation. No Costs. Consequently, connected miscellaneous petitions are closed. (ii) the appellant/insurance company is directed to deposit the modified award amount to the credit of M.C.O.P.No.79 of 2015 on the file of the Motor Accidents Claims Tribunal/Special Subordinate Judge, Thanjavur, within a period of eight weeks from the date of receipt of a copy of this order, less the amount, if any already deposited. (iii) On such deposit being made, the Tribunal is directed to deposit the entire award amount in interest bearing fixed deposit, in any one of the nationalized bank, initially for a period of three years, renewable thereafter, till she attains majority. The father and natural guardian of the minor claimant/1st respondent herein is permitted to withdraw the interest from the fixed deposit made in favour of the minor claimant, once in three months directly from the Bank and utilize the same for the welfare of the minor claimant. (iv) The Tribunal is directed to refund the excess award amount, if any, with accrued interest to the appellant/Insurance Company.