IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 189 OF 2010 IN FIRST APPEAL NO. 209 OF 2000 SMT. SUCHITA FURTADO ... Applicant Versus KADAMBA TRANSPORT CORPORATION LTD A COMPANY HAVING THEIR REGISTERED OFFICE AT KTCL BUS STAND, ... Respondent Shri S. S. Kakodkar, Advocate for the applicant. Mr. A. R. Kantak, Advocate for the respondent No.1. Mr. E. Afonso, Advocate for the National Insurance Company. Coram:- A. S. OKA, J. Date:- 25th June, 2010 P.C. Heard the learned Counsel appearing for the applicant and the learned Counsel appearing for the first respondent. The operative part of the award passed by the Trial Court reads thus : " The Claim Petition is partly allowed with costs. The respondents nos. 1 and 2 are hereby ordered to pay jointly and severally to the claimant a total compensation of Rs.2,34,210/- with interest at the rate of 11 % per annum on a sum of Rs.1,91,010/- (i.e. excluding the future compensation on account of permanent disability) from 29.4.92 (date of presentation of the petition) till payment. From the said amount, a sum of Rs.12,000/- paid under Section 140 of the M.V. Act, in terms of order dated 30.10.92, in Misc. Claim Petition No.173/92, shall be adjusted along with interest. In case the respondent nos. 1 and 2 fail to pay the amount of compensation within a period of 30 days, the claimant shall be entitled for interest at the rate of 11 % per annum on the entire amount due from the date of the award till payment. Advocate's fees are fixed at Rs.1500/-. The petition stands dismissed as against the respondents nos. 3 to 5." 2. The First Appeal preferred against the said award has been disposed of by this Court by the judgment and decree dated 9th March, 2010. As the learned Judge, who has passed the decree in First Appeal is not available in the Bench at Panaji, the Registrar has placed the appeal before this Court as per the provisions of Rule 3 of Chapter XXX of the Appellate Side Rules. The relevant part of the judgment of this Court reads thus : " The above Appeal is therefore partly allowed by deducting the said amount of Rs.16,750/- from the total amount which has been awarded to the Claimant. The Claimant therefore would be entitled to the balance after deducting the said amount. The rest of the directions as contained in the Award are not interfered with. 12. In so far as cross objections are concerned in my view considering the amount which has been awarded under various heads were even the amount of Rs.81,000/- on account of permanent disability coupled with other amounts, in my view no further enhancement can be granted to the Claimant. There is also miscalculation on the part of the Tribunal. Out of total compensation of Rs.2,34,210/- an amount of Rs.25,000/- which is on account of loss of disability suffered by the Claimant consequent to the psychological trauma from severe disfigurement of the face would have to be deducted. So the final amount comes to Rs.2,09,210/-. The amount of Rs.16,750/- would have to be deducted from Rs.2,09,210/- and the Claimant would be entitled to the balance amount. The amount of interest as directed by the Tribunal on failure to pay within a period of 30 days only would be on the principal sum excluding the interest amount. The cross objections are accordingly rejected. " The result of the judgment of this Court is that from the compensation amount awarded by the Tribunal, a sum of Rs.16,750/- will have to be deducted. 3. The Tribunal granted total compensation of Rs.2,34,210/-. From the said amount of Rs.2,34,210/-, now a sum of Rs.16,750/- will have to be deducted. The compensation payable to the applicant as per the modified award will be Rs.2,17,460/-. This Court has not disturbed the award passed by the Tribunal as regards the payment of interest. The Tribunal has denied interest on the component of Rs.25,000/-. The said part of the judgment and award of the Tribunal has not been disturbed by this Court. 4. Thus, it is clarified that the total compensation payable to the applicant/ claimant as per the Award modified by this Court, will be Rs.2,17,460/-, which will be inclusive of amount paid under Section 140 of the Motor Vehicles Act, 1988. However, interest as directed by the Tribunal will be payable on the sum of Rs.1,92,460/-. 5. The judgment dated 9th March, 2010 in the First Appeal is clarified and modified in terms of what is set out in paragraphs 3 and 4 above. accordingly. The application is disposed of. A. S. OKA, J. SMA