R. Subbiah, J.

1. Questioning the quantum of compensation awarded by the Motor Accident Claims Tribunal (I Additional District Judge) at Salem, in and by award dated 08.02.2013 in M.C.O.P. No. 1418 of 2008, the present appeal has been filed by the Insurance Company.

2. Since the present appeal has been filed challenging only the quantum of compensation, it is not necessary for this Court to traverse into the other aspects of the award passed by the Tribunal.

3. The 1st respondent herein is the claimant before the Tribunal. It is the case of the claimant that he was working as Technician Grade-V, Hyundai Motors India Ltd, Chennai and he was receiving a monthly salary of Rs.30,000/- as well as other allowances. On 05.05.2008 at 7.45 am, the claimant, along with his friends, was standing on the extreme left side of the road at Sunga Chavadi, Thiruperumpudhur. At that time, a lorry bearing Reg.No.TN-21-W-0959 came in a rash and negligent manner at hectic speed and dashed against him. In the said accident, the claimant had sustained grievous injuries on his left hand, left leg and facial injuries. He also sustained pelvic rami bone fractures, 2nd & 3rd rib of the claimant also fractured. Due to the injuries sustained by him in the said accident, he could not stand, sit and walk. He had spent more than Rs.8 lakhs for his medical expenses. He is also not in a position to do his job. Hence, he has made a claim for a sum of Rs.50 lakhs as compensation, as against the owner of the lorry as well as its insurer viz., the appellant herein.

4. Before the Tribunal, the Insurance Company resisted the claim made by the claimant, by filing a detailed counter.

5. In order to prove the income earned by the claimant, before the Tribunal, the claimant examined himself as P.W.1, besides examining two Doctors as P.W.2 & P.W.3 and marked twenty one documents as Ex.P.1 to Ex.P.21. On the side of the Insurance Company, the Manager, Human Resource Department from Hyundai Motor Co. Ltd, viz., one Jayakumar was examined as R.W.1, through whom salary receipts of the petitioner were marked as Ex.R.1.

6. The Tribunal, after analysing the entire evidence adduced on either side, has come to the conclusion that the accident was the result of the dash and negligent driving of the driver of the lorry. By coming to such a conclusion, the Tribunal has calculated the compensation under different heads and passed an award for a total sum of Rs.35,19,100/- as compensation. The break up details of the compensation amount awarded by the Tribunal are follows:-

Loss of income for three months Rs. 73,900.00

Medical expenses Rs. 6,67,000.00

Permanent disability Rs. 5,00,000.00

Loss of earning capacity Rs.20,40,000.00

Pain and sufferings Rs. 1,00,000.00

Extranourishment Rs. 50,000.00

Transportation Rs. 25,000.00

Medical attendant Rs. 10,000.00

Damages to cloths and articles Rs. 2,500.00

X-ray Rs. 650.00

Future medical expenses Rs. 50,000.00

rounded of to Rs.35,19,050/-

Rs.35,19,100/-

Aggrieved over the quantum of compensation awarded by the Tribunal, the Insurance Company has forward with the present appeal.

7. It is the submission of the learned counsel appearing for the appellant/Insurance Company that it is the case of the claimant before the Tribunal that he was working as a Technician Grade-V, Hyundai Motors India Ltd, Chennai and earning a sum of Rs.30,000/- per month. Though it is claimed by the claimant that he was earning Rs.30,000/- per month, Ex.P.10-salary slips would show that he was receiving only a sum of Rs.25,739/- as monthly salary. On the side of the Insurance Company, the Manager in Hyundai Motors India Ltd, Chennai was summoned and examined as R.W.1, through whom pay slip of the claimant for the month of May, 2008 was marked as Ex.R.1. The evidence of R.W.1 and Ex.R.1 would show that the claimant was paid monthly gross salary of Rs.24,633/-. Further, R.W.1 has admitted in his evidence that from the monthly of July 2009, the claimant has rejoined his employment