A.P. Shah, CJ.

When C.M.A.No.231 of 1994 came up for hearing, Justice K.P.Sivasubramaniam noticed that apparently conflicting views expressed by two Division Benches on the question canvassed by the appellant – Cholan Roadways Corporation Limited namely, whether compensation could be awarded separately on account of permanent disability and also on account of loss of earning capacity. There being conflict of opinions by two Division Benches of this Court, the learned single Judge deemed it fit to refer the matter to the Full Bench.

2. The facts giving rise to the present CMA are that on 27.05.1991 the 1st respondent was travelling on a TVS-50 motor cycle from Ayyampettai to Thanjavur. The 1st respondent was the pillion rider and one M.R.Abu Bakker was driving the motor cycle. When they were nearing Pasubathi Temple the appellant – transport corporation’s bus bearing Registration No.TN-49-N-0099 coming from opposite direction hit the motor cycle. Abu Bakker died on the spot. The 1st respondent, who was the pillion rider suffered serious injuries. The 1st respondent was 35 years old and was working as supervisor in Rahman Shop at Kumbakonam. He was earning Rs.1,500/- per m