JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree made in M.C.O.P.No.17 of 2013 dated 27.09.2013 on the file of the Motor Accident Claims Tribunal/Special Sub Judge, Tirunelveli.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.17 of 2013 dated 27.09.2013, on the file of the Motor Accidents Claims Tribunal/Special Sub Court, Tirunelveli.

2. The appellant herein is the respondent and the respondent herein is the claimant in the claim petition. The claimant has filed a claim petition in M.C.O.P.No. 17 of 2013, claiming compensation for the injuries sustained by the claimant, in an accident that took place on 12.04.2012. The Tribunal has awarded a sum of Rs. 7,17,600/- (Rupees Seven Lakhs Seventeen Thousand and Six Hundred only) as compensation. Against which, the appellant has preferred this appeal.

3. A brief substance of the claim petition in M.C.O.P.No.17 of 2013 is as follows:

On 12.04.2012, at about 08.30 p.m., when the claimant was passing the mud road in front of his house, a Government bus bearing registration No.TN57- N-1609 was driven by its driver in a rash and negligent manner dashed against the claimant from backside and the claimant sustained injuries. He was taken to Tirunelveli Government hospital and then he took treatment in Trivandrum as 'inpatient' from 14.04.2012 till 24.04.2012. He was aged about 48 years. He was earning Rs.9,000/- (Rupees Nine Thousand only) per month as Aarokya Milk agent. He claimed a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) as compensation.

4. The brief substance of the counter filed by the respondent therein is as follows:

The claimant was trying to cross the road without noticing the bus and he invited the accident. The injuries are simple in nature and prayed the petition to be dismissed.

5. On the side of the petitioner therein, three witnesses were examined and 9 documents were marked. On the side of the respondents therein, one witness was examined and no document was marked. After trial, the Tribunal has awarded a sum of Rs.7,17,600/- (Rupees Seven Lakhs Seventeen Thousand and Six Hundred only) as compensation to be paid by the respondent therein. Against which, the appellant has preferred this Civil Miscellaneous Appeal.

6. On the side of the appellant, it is stated that the negligence was only on the part of the claimant. The award amount is excessive. Adopting the multiplier method for 55% for partial permanent disability is wrong. The Tribunal awarded a sum of Rs.75,000/- (Rupees Seventy Thousand only) towards pain and suffering which is excessive. The amount awarded under various heads is very excessive. The rate of interest is excessive.

7. On the side of the respondent, it is stated that the award amount fixed by the Tribunal is very reasonable and prayed the appeal to be dismissed.

8. A perusal of the records reveals that the award amount fixed by the Tribunal under the head pain and suffering is excessive and hence, the award amount is reduced to Rs.50,000/- (Rupees Fifty Thousand only) under the head of pain and suffering. The loss of income fixed for other future amenities is reduced to Rs. 25,000/- (Rupees Twenty Five Thousand only). Hence, the total compensation fixed as Rs.6,67,600/- (Rupees Six Lakhs Sixty Seven Thousand and Six Hundred only). The ratio of interest fixed by the Tribunal is excessive. Hence, it is decided that the claimant is entitled for 7.5% rate of interest for the compensation amount.

9. In the result, this Civil Miscellaneous Appeal is partly allowed. The respondent is entitled to a sum of Rs.6,67,600/- (Rupees Six Lakhs Sixty Seven Thousand and Six Hundred only) as compensation with interest at the rate of 7.5% from the date of the claim petition till the date of realization.

10. The appellant is directed to deposit Rs.6,67,600/- (Rupees Six Lakhs Sixty Seven Thousand and Six Hundred only) with 7.5% interest from date