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. 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.
(3.) 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 Motor Accidents Claims Tribunal ("the Tribunal" for short), Chennai in O.P. No. 1667 of 1997 claiming a sum of Rs. 21,00,000/ - as compensation. (b) The Tribunal, after holding that the accident was caused due to the negligence of the driver of the bus belonging to the Transport Corporation, by order dated 30.11.2000, awarded a sum of Rs. 9,42,822/ - as total compensation by adopting the multiplier of 13 in terms of the second schedule to the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"). (c) Dis -satisfied with the award of the Tribunal, the Appellant preferred an appeal being CMA No. 150 of 2001 before the High Court praying for higher compensation, on the other hand, the Transport Corporation also preferred an appeal being CMA No. 82 of 2001 for reduction of the compensation. (d) The High Court, by impugned common judgment dated 29.01.2007, reduced the compensation from Rs. 9,42,822/ - to Rs. 6,72,822/ -. Aggrieved by the reduction in the compensation amount, the Appellant has preferred the present appeals by way of special leave for enhancement of the compensation.;