(Prayer:- Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 to set aside the fair and decreetal order dated 24.04.2006 and made in M.C.O.P.No.80 of 2004 on the file of the Motor Accident Claims Tribunal (Sub Judge), Kuzhithurai.)

1. The fifth respondent in M.C.O.P. No.80 of 2004 on the file of the Motor Accidents Claims Tribunal, Kuzhithurai, has filed the present Civil Miscellaneous Appeal, challenging the quantum of compensation awarded by the Tribunal in M.C.O.P. No.80 of 2004, vide the impugned order dated 24.04.2006.

2. Facts of the case:

                     2.1.The claimant in M.C.O.P.No.80 of 2004 stated in the claim petition that on 22.02.2004, while he was travelling in a Government bus bearing Registration No.TN-32-N-1239, the driver of the bus was driving the vehicle without following the traffic rules. At that time, the offending vehicle, namely, the appellant-insured vehicle bearing Registration No.WB-41-7285, came in the opposite direction and dashed against the said tourist van. Due to the accident, the claimant sustained injuries and was admitted in the hospital, where he underwent treatment for the injuries sustained by him. Hence, he filed the claim petition claiming compensation of Rs.3,00,000/-.

                     2.2.The Insurance Company filed its counter denying the allegations made in the claim petition and disputed the quantum of compensation as well as the negligence alleged therein. The Transport Corporation also filed its counter denying negligence on the part of the driver of the Transport Corporation bus.

                     2.3.Before the Tribunal, the claimant examined P.W.1 and P.W.2. On the side of the respondents, R.W.1 to R.W.3 were examined. Exs.P1 to P7 were marked on the side of the claimant and Exs.R1 and R2 were marked on the side of the respondents.

3. Findings of the Tribunal:

                     3.1.After considering the entire evidence available on record, the Tribunal fixed negligence on both the vehicles and awarded a sum of Rs.2,40,000/- as compensation with interest at 7.5% per annum from the date of filing of the claim petition. Challenging the said award, the Insurance Company has preferred the present appeal.

4. Submissions of the learned counsel for the appellant/insurance company:

                     4.1.The learned counsel for the appellant /Insurance Company, without disputing the finding regarding negligence, confined his submissions only to the quantum of compensation. The learned counsel submitted that the Tribunal had awarded overlapping amounts under different heads. In particular, a sum of Rs.30,000/- was awarded towards permanent disability; thereafter, a further sum of Rs.40,000/- was awarded towards loss of earning; and another sum of Rs.40,000/- was awarded towards loss of earning capacity. Hence, the learned counsel submitted that the said overlapping compensation requires to be deleted or reduced.

5. Submissions of the learned counsel appearing for the respondent:

                     5.1.The learned counsel appearing for the claimant submitted that the Tribunal was justified in awarding compensation under the respective heads and that the amounts awarded towards permanent disability, permanent loss of earning and loss of earning capacity were legally sustainable.

6. This Court has carefully considered the submissions made on either side and perused the award passed by the Tribunal and the records available before it.

7. The following points arise for consideration of this appeal:

                     (i)Whether the learned Tribunal Judge is correct in fixing the compensation as awarded?

8. Discussion and findings:

                     8.1.The Tribunal awarded a sum of Rs.2,40,000/- as compensation on the following heads, together with interest at the rate of 7.5% per annum: