JUDGMENT (Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and Decree dated 23.03.2021 in M.C.O.P.No.332 of 2018 on the file of the Motor Accidents Claims Tribunal (Sub-Judge), Rasipuram.) 1. The petitioner before the Motor Accidents Claims Tribunal, Rasipuram in M.C.O.P.No.332 of 2018 is the appellant before this Court seeking enhancement of the compensation granted by the Tribunal below. 2. The appellant had filed the above Claim Petition seeking compensation for the injury sustained by him in a road accident involving the respondent's bus. It is the case of the appellant that on 09.07.2018, he was travelling in the bus belonging to the respondent Corporation bearing Registration No.TN 30 N 50. It is the case of the appellant that he was travelling on the footboard due to the heavy crowd in the bus. 3. It is the case of the appellant that the driver of the bus had driven the said vehicle in a rash and negligent manner and at uncontrollable speed and since the road was in a bad condition the appellant had lost his balance and fallen down, as a result of which the appellant had sustained grievous injuries. Therefore, it is the case of the appellant that the accident had occurred only on account of the negligence of the driver of the bus. The appellant had claimed a total compensation of a sum of Rs.5,00,000/-. 4. The Transport Corporation had filed a counter stating that the accident had occurred only on account of the negligence of the appellant himself who despite the bus being overloaded had insisted on travelling foot board and therefore the respondent was not liable to compensate the appellant. 5. The Tribunal below after considering the evidence on record had held that the driver of the respondent corporation was responsible for the accident and consequently the respondent was liable to compensate the appellant. The appellant was referred for assessment of his Disability to the Medical Board. 6. The Medical Board had issued a certificate stating that the appellant had sustained a disability of 10 %. The Tribunal had held that the appellant had not let in any evidence whatsoever to show that he has suffered a loss in his earning capacity on account of the injuries and had calculated the compensation for Disability on percentage basis at the rate of Rs.5,000/- per percentage. The Tribunal had held that the appellant had not let in any evidence whatsoever to show that he has suffered a loss in his earning capacity on account of the injuries and had calculated the compensation for Disability on percentage basis at the rate of Rs.5,000/- per percentage. The Tribunal had taken the entire Disability as assessed by the Medical Board and awarded a sum of Rs.50,000/- under the head of compensation for Disability. 7. Ultimately, a sum of Rs.1,13,000/- was awarded. The petitioner has filed this appeal seeking enhancement of the compensation granted. 8. The learned counsel appearing for the appellant would submit that on account of the injuries, the appellant has suffered an amputation of his left toe, which is a permanent Disability and therefore the Tribunal ought to have assessed the Disability using the multiplier method. 9. The learned counsel for the respondent Corporation would submit that the appellant has not suffered any serious permanent disability, which has resulted in the reduction of his earning capacity and therefore the compensation awarded appears to be reasonable one. 10. The learned counsel would further submit that the Tribunal below has granted reasonable compensation under the various heads as well. Therefore, the calculation of compensation on percentage basis is very much in order. 11. Heard the learned counsels and perused the records. 12. A perusal of Ex.P.4 would show that the appellant had suffered Grade III B compound dislocation of DP left foot great toe. It is also stated that wire fixation had been done, which is later closed. The appellant had undergone traumatic partial amputation of left great toe at the level of DIP joint. 13. The Tribunal below has observed that the appellant has not let in any evidence to show that his earning capacity has come down on account of the accident and his disability. In fact the amputation is only at the DIP joint which is not a great impediment to the appellant. However, it is seen that the appellant has been hospitalised from 09.07.2018 to 23.07.2018, where he had undergone two surgeries one on 09.07.2018 and another on 18.07.2018. The first was for wire fixation and the second for its removal and closure. 14. The records particularly Ex.P.4 would show that the injuries are not of such permanent or grievous in nature which has obstructed the appellant's free movement and his earning capacity. The first was for wire fixation and the second for its removal and closure. 14. The records particularly Ex.P.4 would show that the injuries are not of such permanent or grievous in nature which has obstructed the appellant's free movement and his earning capacity. Therefore, I see no reason to interfere with the award in so far as it relates to the compensation for disability. However, taking into account the number of days the appellant has been in the Hospital and two surgeries that he has undergone, the amount under the head of Pain and Sufferings can be enhanced by a further sum of Rs.10,000/- and is accordingly enhanced. In all other respects the award of the Tribunal stands confirmed. 15. The award of the Tribunal is re-worked as follows: Heads Award of the Tribunal Award of the High Court Part Permanent Disability Rs.50,000/- Rs.50,000/- Pain and Sufferings Rs.25,000/- Rs.35,000/- Loss of Income Rs.18,000/- Rs.18,000/- Transportation Rs.5,000/- Rs.5,000/- Nutrition Rs.10,000/- Rs.10,000/- Loss of clothing and Ornaments Rs.5,000/- Rs.5,000/- Total Rs.1,13,000/- Rs.1,23,000/- together with interest at 7.5% p.a. 16. The Transport Corporation is directed to deposit the award amount along with interest and costs, less the amount already deposited within a period of six weeks from the date of receipt of a copy of this Judgement, to the credit of M.C.O.P.No.332 of 2018. On such deposit, the appellant is permitted to withdraw the award amount, after adjusting the amount, if any, already withdrawn, by filing necessary application before the Tribunal. 17. The appellant shall show proof of payment of the Court fees and only on such proof he shall be permitted to withdraw the amounts deposited. 18. In the result, the appeal is partly allowed and enhanced only with reference to the compensation under the head of Pain and Sufferings by a further sum of Rs.10,000/-. No costs.