JUDGMENT

P. Sathasivam, J.

1) Leave granted.

2) The important question which arise for consideration in these appeals is whether compensation in a motor vehicle accident case is payable to a claimant for both heads, viz., loss of earning/earning capacity as well as permanent disability.

3) These appeals are directed against the common judgment and order dated 29.01.2007 passed by the High Court of Judicature at Madras in C.M.A. Nos. 82 and 150 of 2001 whereby the High Court partly allowed the appeal filed by the respondent-herein and dismissed the appeal preferred by the appellant-herein.

4) Brief facts:

(a) On 27.01.1997, when the claimant/the appellant herein was alighting from the bus owned by the Metropolitan Transport Corporation Limited (in short “the Transport Corporation”) – respondent herein, the conductor of the bus blown the whistle without noticing him. Due to the sudden movement of the bus, the appellant fell down and the rear wheel of the bus rammed over on his right leg and he sustained severe injuries on his head, right hand and chest. After treatment, his right leg below the knee was amputated. At the time of accident, he was 45 years of age. He made a claim before the M