Judgment :- The Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgment and Decree dated 03.08.2005 in MCOP No.568/2004 on the file of the Principal District Judge, Erode. 2. Background facts in a nutshell are as follows:- On 04.04.2004 at about 24.00 hours (midnight), the deceased Thangaraj and his friend Suresh were travelling in an M80 Scooter driven by the deceased Thangaraj. Suresh was the pillion rider. The deceased was proceeding from west to east direction in the left extremity of the road. While they were nearing Rajiv Nagar, Varkkal Medu, a bus bearing Registration No.TN-29-N-1266, belonging to the appellant / Transport Corporation, driven by its driver in a rash and negligent manner, came in the wrong side and dashed against one Tamarind tree and then dashed against the said M80 scooter. Due to the accident, the deceased Thangaraj and his friend Suresh sustained grievous head injuries and they died on the spot. The claimants are the father, mother and unmarried sister of the deceased. They claimed a compensation of Rs.13,20,000/-, but restricted the claim to Rs.10,00,000/-before the Tribunal. The Transport Corporation resisted the claim. On the pleadings, 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 appellant / Transport Corporation or not? b) Whether the claimants are entitled to receive any compensation or not? If so, what is the amount and from whom? After considering the oral and documentary evidence, the Tribunal was of the view that the accident had occurred only due to the rash and negligent driving of the bus belonging to the Transport Corporation and awarded a compensation of Rs.3,62,000/-with interest at 7.5% p.a. from the date of petition. Aggrieved by the award, the Transport Corporation has filed the present appeal. 3. Learned counsel appearing for the appellant / 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 Transport Corporation. It is also submitted that the Tribunal had awarded excessive and exorbitant compensation, without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside. 4. It is also submitted that the Tribunal had awarded excessive and exorbitant compensation, without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside. 4. Learned counsel appearing for the respondents / claimants 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. Hence the order passed by the Tribunal is in accordance with law. 5. Heard the counsel. On behalf of the claimants, the mother of the deceased was examined as P.W.2, one Bharathithasan, who was the employer of the deceased, was examined as P.W.4 and documents Ex.A18 to Ex.A22 were marked. On the side of the Transport Corporation, one Ashokan, driver of the bus, was examined as R.W.1 and no documents were marked. Ex.A18 is the Authorisation Letter given by the proprietor of Palumar Exports, Tirupur to P.W.4. Ex.A19 is the Salary Certificate. Ex.A20 is the xerox copy of Attendance Register maintained by P.W.4 for the year 2002 (18 Nos.). Ex.A21 is the xerox copy of Attendance Register maintained by P.W.4 for the year 2003-2004 (39 Nos.). Ex.A22 is the xerox copy of Registration Certificate issued by the Commercial Tax Officer, Tiruppur-North to P.W.4. After considering the above materials and evidence, the Tribunal awarded a compensation of Rs.3,62,000/-with 7.5% interest p.a. from the date of petition. The details of the compensation are as under:- Rupees Loss of income 3,60,000/- Funeral expenses 2,000/- Total... 3,62,000/- =========== The deceased Thangaraj was working as a cutting master-cum-tailor at Palumar Exports and was earning Rs.8000/-per month. P.W.4, the employer of the deceased had given oral evidence that the deceased was being paid Rs.8000/- per month and also produced Ex.A18, which is the Authorisation Letter. Ex.A20 is the xerox copy of Attendance Register maintained by P.W.4 for the year 2002 (18 Nos.). Ex.A21 is the xerox copy of Attendance Register maintained by P.W.4 for the year 2003-2004 (39 Nos.). Ex.A22 is the xerox copy of Registration Certificate issued by the Commercial Tax Officer, Tiruppur-North to P.W.4. Even though P.W.4 has given evidence that the deceased was being paid Rs.8,000/-per month, they have not produced any payment register or the payment voucher signed by the deceased. Hence, the Tribunal fixed the monthly salary of the deceased as Rs.4500/-. Ex.A22 is the xerox copy of Registration Certificate issued by the Commercial Tax Officer, Tiruppur-North to P.W.4. Even though P.W.4 has given evidence that the deceased was being paid Rs.8,000/-per month, they have not produced any payment register or the payment voucher signed by the deceased. Hence, the Tribunal fixed the monthly salary of the deceased as Rs.4500/-. From that amount, the Tribunal deducted 1/3rd towards personal expenses and the balance Rs.3,000/-has been taken as the deceaseds contribution to the family and determined the annual income at Rs.36,000/-(Rs.3000/- x 12). The age of the deceased was 22 years at the time of accident. Hence the Tribunal adopted 10 multiplier and determined the loss of income at Rs.3,60,000/-(Rs.36,000/- x 10). P.W.4 has given Salary Certificate, Ex.A19, which was disregarded by the Tribunal on the ground that the claimants have not produced payment register or the payment voucher signed by the deceased. In the absence of the same, the Tribunal taken Rs.4,500/- as the monthly income of the deceased. Learned counsel for the appellant / Transport Corporation vehemently contended that the monthly income fixed by the Tribunal at Rs.4,500/- is excessive. After taking into consideration the facts and circumstances of the case, I feel that it would be appropriate and reasonable to fix the monthly salary at Rs.4,000/- instead of Rs.4,500/- fixed by the Tribunal. If Rs.4,000/-is taken as monthly income, the annual income works out to Rs.48,000/-. If 1/3rd of the amount is deducted towards personal expenses and 10 multiplier is adopted the loss of income works out to Rs.3,20,000/- (Rs.32,000/-x 10). Therefore the loss of income is modified to Rs.3,20,000/- as against the sum of Rs.3,60,000/-awarded by the Tribunal. The Tribunal has awarded a sum of Rs.2,000/-towards funeral expenses, which is very low. It would be reasonable to award a sum of Rs.3,000/-more towards this head. Hence the funeral expenses is modified to Rs.5,000/- as against Rs.2,000/- awarded by the Tribunal. The Tribunal has not awarded any amount towards loss of love and affection. It would be appropriate to award Rs.15,000/- (Rs.5,000/- each to the claimants) towards loss of love and affection. The details of the modified compensation as per the above discussion are as under:- Rupees Loss of income 3,20,000/- Funeral expenses 5,000/- Loss of love and affection 15,000/- Total... The Tribunal has not awarded any amount towards loss of love and affection. It would be appropriate to award Rs.15,000/- (Rs.5,000/- each to the claimants) towards loss of love and affection. The details of the modified compensation as per the above discussion are as under:- Rupees Loss of income 3,20,000/- Funeral expenses 5,000/- Loss of love and affection 15,000/- Total... 3,40,000/- =========== Thus the claimants are entitled to the modified compensation of Rs.3,40,000/-as against the compensation of Rs.3,62,000/-awarded by the Tribunal. The interest rate awarded by the Tribunal at 7.5% p.a. from the date of petition is very reasonable and hence the same is confirmed. 6. It is submitted that the Transport Corporation has already deposited the entire compensation awarded by the Tribunal. Therefore, the claimants are permitted to withdraw a sum of Rs.3,40,000/- with interest at 7.5% p.a. from the date of petition, after adjusting the amount if any already withdrawn, from the deposit. The Transport Corporation is also permitted to withdraw the balance amount available in the deposit on making proper application. 7. The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, M.P.No.2 of 2007 is closed. No costs.