Judgment :- This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgment and Decree made in MACTOP.No.134 of 2003 on the file of the Motor Accidents Claims Tribunal (II Judge, Court of Small Causes) at Chennai dated 4. 2006. 2. Background facts in a nutshell are as follows:- On 310. 2002 at about 6.00 pm when the deceased Ponnusamy was carefully riding his cycle from east to west along the Pattinathar Koil street and carefully entered the Ennore Express road and crossed half of the road, the bus bearing Registration No.TN-01-N-1364 belong to the Metropolitan Transport Corporation / appellant herein came from north to south direction in a very rash and negligent manner and dashed against the front right side bumper of the deceaseds bicycle. As a result of the accident, the deceased was thrown out and fell down and sustained fatal injuries. The claimants are the wife, four sons and daughter of the deceased. They claimed a sum of Rs.3,50,000/-as compensation before the Tribunal. The Transport Corporation resisted the claim. On pleading, the Tribunal framed the following issues:- a) Whether the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the Transport Corporation or not? b) Whether the claimants are entitled for any compensation? If so, what is the amount and from whom? After considering the oral as well as the documentary evidence, the Tribunal was of the view that the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant Transport Corporation and awarded a sum of Rs.2,53,000/- with 7.5% interest from the date of petition. Aggrieved, the Transport Corporation has filed the present appeal. 3. Learned counsel appearing for the Transport Corporation submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant. It is also further contended that the Tribunal has awarded excessive and exorbitant compensation without any basis and justification. It is, therefore, submitted that the order passed by the Tribunal is not in accordance with law and hence the same should be set aside. 4. It is also further contended that the Tribunal has awarded excessive and exorbitant compensation without any basis and justification. It is, therefore, submitted that the order passed by the Tribunal is not in accordance with law and hence the same should be set aside. 4. Learned counsel appearing for the respondents / claimants has submitted that the Tribunal had considered all the relevant materials and evidence available on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Therefore, the order passed by the Tribunal is in accordance with law. 5. Heard the counsel. On behalf of the claimants, witnesses P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P5 were marked. P.W.1 is the wife of the deceased. P.W.2 is one Selvam who is an eye witness. P.W.3 is one Sivaraman who is the Head-Constable. Ex.P.1 is the postmortem report. Ex.P.2 is the death certificate. Ex.P.3 is the legal heir certificate. Ex.P.4 is the FIR. Ex.P.5 is the sketch. On behalf of the Transport Corporation, only one witness was examined as R.W.1, who is the driver of the bus and no documents were marked. After considering the evidence both oral and documentary, the Tribunal was of the view that the accident had occurred only due to the rash and negligent driving of the bus driver. P.W.2, who is the eye witness, in his evidence, deposed that it is only the bus which came in a rash and negligent manner and dashed against the deceased. On the basis of the evidence of P.W.2 as well as Ex.P.4-FIR & Ex.P.5-sketch, the Tribunal correctly came to the conclusion that the accident had occurred only due to the rash and negligent driving of the bus driver and awarded the compensation of Rs.2,53,000/-with 7.5% interest from the date of petition. The details of compensation are as follows:- Loss of income = Rs.1,80,000/- Funeral Expenses = Rs. 3,000/- Loss of consortium = Rs. 20,000/- Loss of love and affection = Rs. 50,000/- Total = Rs.2,53,000/- The claimants claimed that the deceased was aged 60 years at the time of accident and he is the owner of the Bullock Cart and he was deriving an income of Rs.6,000/-per month by letting out the Bullock cart, but no documents produced to substantiate the claim. 20,000/- Loss of love and affection = Rs. 50,000/- Total = Rs.2,53,000/- The claimants claimed that the deceased was aged 60 years at the time of accident and he is the owner of the Bullock Cart and he was deriving an income of Rs.6,000/-per month by letting out the Bullock cart, but no documents produced to substantiate the claim. After taking into consideration of the facts and circumstances of the case, the Tribunal fixed the monthly income of the deceased at Rs.4,500/-. From that amount, the Tribunal deducted 1/3rd towards personal expenses and the balance sum of Rs.3,000/-has been fixed as the deceaseds contribution to the family. The age of the deceased was 60 years at the time of accident. Hence, the Tribunal adopted the multiplier of 5 and determined the loss of income at Rs.1,80,000/- (Rs.3,000/-x 12 x 5). The Tribunal has correctly determined the annual income and also adopted the correct multiplier and arrived at Rs.1,80,000/- towards loss of income, which are based on valid materials and evidence. Hence the same is confirmed. Further, the Tribunal has awarded a sum of Rs.3,000/- towards funeral expenses. It is very reasonable and hence the same is confirmed. The Tribunal has also awarded a sum of Rs.20,000/-towards the loss of consortium. Learned counsel appearing for the Transport Corporation submitted that the compensation awarded by the Tribunal towards loss of consortium is very excessive. Considering the facts and circumstances of the case, I am of the view that the award amount of Rs.20,000/- towards loss of consortium is excessive and it would be appropriate and reasonable to award a sum of Rs.15,000/-towards this head. Hence, the awarded amount of Rs.20,000/-passed by the tribunal in respect of loss of consortium is modified to Rs.15,000/-. The Tribunal has awarded a sum of Rs.50,000/-(Rs.10,000/- each to 4 sons and a daughter of the deceased) towards loss of love and affection. Taking into consideration the fact that all the five children have now attained majority, it would be reasonable and appropriate to award a sum of Rs.40,000/-towards this head. Hence, the awarded amount of Rs.50,000/-awarded by the tribunal in respect of loss of love and affection is modified to Rs.40,000/-. The details of modified compensation are as under:- Loss of income = Rs.1,80,000/- Funeral Expenses = Rs. 3,000/- Loss of consortium = Rs. 15,000/- Loss of love and affection = Rs. Hence, the awarded amount of Rs.50,000/-awarded by the tribunal in respect of loss of love and affection is modified to Rs.40,000/-. The details of modified compensation are as under:- Loss of income = Rs.1,80,000/- Funeral Expenses = Rs. 3,000/- Loss of consortium = Rs. 15,000/- Loss of love and affection = Rs. 40,000/- Total = Rs.2,38,000/- Therefore, the claimants are entitled to the modified compensation of Rs.2,38,000/-as against the compensation of Rs.2,53,000/-awarded by the Tribunal. The interest rate fixed by the Tribunal at 7.5% p.a. from the date of petition is reasonable and hence the same is confirmed. It is stated that the Transport Corporation has already deposited the entire compensation awarded by the Tribunal. The claimants are permitted to withdraw the modified award amount of Rs.2,38,000/-with 7.5% interest from the date of petition, from the deposit. The appellant / Transport Corporation is also permitted to withdraw the balance amount lying in the deposit on making proper application. 6. The Civil Miscellaneous Appeal is disposed of with the above modification. Connected Miscellaneous Petition is closed. No costs.