Judgment :- The Civil Miscellaneous Appeal is filed by the Transport Corporation against the decree and judgment dated 16. 2006 passed in M.A.C.T.O.P. No.210 of 2003 dated 13.06.2006 on the file of the Motor Accident Claims Tribunal (Additional District Judge-cum-Fast Track Court No.II), Kancheepuram. 2. The deceased Mohammed Samir @ Laden was working as driver in All India Interstate Lorry Owners Association being registered at Chennai. On 20.1.2003 at about 1.50 p.m., while the deceased was crossing the road near Hyundai Gate Irunkattu Kottai, Sriperumbudur, a bus bearing Registration No.TN 23 N 1262, Route No.102-B belonging to the appellant / Transport Corporation came in a rash and negligent manner from Chennai to Thirupathur on the wrong side of the road and dashed against the deceased. Due to the accident, the deceased sustained head injury and multiple injuries all over the body. Later, he was taken in the Hyundai Company Ambulance and admitted in Sri Ramachandra Medical College Hospital and he died in the Hospital on the same day. The claimants are the father and mother of the deceased. They claimed a sum of Rs.16,23,000/- but restricted the claim to Rs.15,00,000/- before the Tribunal. The appellant / Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following issues:- 1. Whether the accident occurred due to the careless driving of the appellants driver? .2. Whether the claimants are entitled for compensation and if so, what will be the quantum of the same?" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the bus driver and awarded a compensation of Rs.6,28,300/-with interest @ 7.5% per annum from the date of petition. Aggrieved by the award, the Transport Corporation has filed the present civil miscellaneous 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 bus driver. It is also submitted that the Tribunal has awarded excessive and exorbitant compensation without any basis and justification. Therefore, the order passed by the Tribunal is not in accordance with law and the same should be set aside. .4. Learned counsel appearing for the claimants submitted that the Tribunal had considered all the materials and evidence available on record and awarded a just, fair and reasonable compensation. Therefore, the order passed by the Tribunal is not in accordance with law and the same should be set aside. .4. Learned counsel appearing for the claimants submitted that the Tribunal had considered all the materials and evidence available on record and awarded a just, fair and reasonable compensation. It is therefore submitted that the order passed by the Tribunal is in accordance with law and hence the same should be confirmed. 5. On behalf of the claimants, witnesses P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P15 were marked. No witnesses were examined and no documents were marked on the side of the Transport Corporation. P.W.1 is the father of the deceased. P.W.2 is one Rakkaiah, who is the eye witness to the occurrence. P.W.3 is one Rajagopal, who is the Administrator in All India Inter State Lorry Owners Association. Given below is the list of exhibits marked:- Ex.P1-F.I.R. true copy; Ex.P2-Motor Vehicle Inspectors report true copy; Ex.P3-true copy of rough sketch; Ex.P4-copy of alteration report; Ex.P5-xerox copy of death report; Ex.P6-true copy of post mortem certificate; Ex.P7-medical bill; Ex.P8-medical bill; Ex.P9-medical bill; Ex.P10-luggage ticket; Ex.P11-train ticket; Ex.P13-photo and negative; Ex.P14-xerox copy of driving licence; Ex.P15-salary certificate. A criminal case has also been registered on a complaint given by one Narayanan, who is the co-employee. In the F.I.R. Ex.P1, it is stated that the accident had occurred only due to the rash and negligent driving of the bus driver. Ex.P3-rough sketch was also prepared by the Investigating Officer. P.W.2, who is the sole eye witness to the occurrence has also given evidence to the effect that the accident had occurred only due to the rash and negligent driving of the bus driver. Hence the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the bus driver belonging to the appellant / Transport Corporation. The findings are based on valid materials and evidence and it is therefore, confirmed. 6. The Tribunal has awarded a compensation of Rs.6,28,300/-with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:- .(i) Loss of earning : Rs.5,44,000/- .(ii) Medical bill : Rs. 12,000/- (iii) Transport : Rs. 7,300/- .(iv) Loss of love and affection : Rs. 30,000/- .(v) Mental agony : Rs. 30,000/- .(vi) Funeral expenses : Rs. 5,000/- Total Rs. The details of the compensation are as under:- .(i) Loss of earning : Rs.5,44,000/- .(ii) Medical bill : Rs. 12,000/- (iii) Transport : Rs. 7,300/- .(iv) Loss of love and affection : Rs. 30,000/- .(v) Mental agony : Rs. 30,000/- .(vi) Funeral expenses : Rs. 5,000/- Total Rs. 6,28,300/- The deceased, who was a driver, was 24 years at the time of accident. It was stated that he was earning a sum of Rs.6,700/-per month. Ex.P14 is the document showing his driving licence and Ex.P15 is the Salary Certificate given by All India Inter-state Lorry Owners Association stating that the deceased was earning Rs.6,700/- per month. From the evidence of P.W.3, who is the Administrator of the All India Inter State Lorry Owners Association, it is found that the deceased was not a permanent driver of the said establishment and he was only a contract worker. Hence, it is clear that the deceased was a temporary employee on contract basis. After considering the oral and documentary evidence, the Tribunal fixed the monthly income at Rs.4,000/-and calculated the annual income at Rs.48,000/- (Rs.4,000/-x 12). Out of the said sum, the Tribunal deducted 1/3rd i.e. Rs.16,000/-towards personal expenses of the deceased and arrived at an amount of Rs.32,000/-. After taking into consideration of the age of the deceased i.e. 24 years, the Tribunal adopted the multiplier of 17 and calculated the loss of earning at Rs.5,44,000/-. The Tribunal has correctly fixed the monthly as well as annual income and also adopted the correct multiplier. Also the amount awarded towards loss of earning is reasonable and hence it is confirmed. The Tribunal has awarded a sum of Rs.12,000/- towards medical expenses relying on medical bills Ex.P7 to P9. It is an actual expenditure and hence it is confirmed. The Tribunal has also awarded a sum of Rs.7,300/- towards transport. The claimants incurred transport expenses for shifting the body of the deceased to their native place in Bihar. Ex.P10 and P11 are luggage ticket and train ticket respectively. Based on Ex.P10 and Ex.P11, the Tribunal has awarded Rs.7,300/-towards transport. It is also an actual expenditure and hence it is confirmed. Further the Tribunal awarded Rs.30,000/- towards loss of love and affection. Learned counsel for the Transport Corporation submitted that the amount awarded is very excessive. Ex.P10 and P11 are luggage ticket and train ticket respectively. Based on Ex.P10 and Ex.P11, the Tribunal has awarded Rs.7,300/-towards transport. It is also an actual expenditure and hence it is confirmed. Further the Tribunal awarded Rs.30,000/- towards loss of love and affection. Learned counsel for the Transport Corporation submitted that the amount awarded is very excessive. Taking into consideration the various facts and circumstances of the case, I feel that it would be appropriate and reasonable to reduce the same to Rs.10,000/-. Accordingly the amount awarded towards loss of love and affection is modified from Rs.30,000/- to Rs.10,000/-. The Tribunal has also awarded a sum of Rs.30,000/- towards mental agony, which I feel is unwarranted on the ground that the Tribunal has already awarded a substantial amount towards loss of earning and the same is also now confirmed by this Court. Hence the amount of Rs.30,000/- awarded towards mental agony is set aside. The Tribunal has also awarded a sum of Rs.5,000/- towards funeral expenses, which is very reasonable and hence it is confirmed. The details of the modified compensation are as under:- .(i) Loss of earning : Rs.5,44,000/- .(ii) Medical bill : Rs. 12,000/- (iii) Transport : Rs. 7,300/- (iv) Loss of love and affection : Rs. 10,000/- .(v) Funeral expenses : Rs. 5,000/- Total Rs. 5,78,300/- Therefore, the claimants are entitled to the modified compensation of Rs.5,78,300/-as against the compensation of Rs.6,28,300/-awarded by the Tribunal. The interest rate awarded by the Tribunal @ 7.5% p.a. from the date of petition is reasonable and hence it is confirmed. 7. It is stated by the counsel appearing on both the sides that the appellant has already deposited the entire amount awarded by the Tribunal. The claimants are permitted to withdraw the modified amount of Rs.5,78,300/-with interest @ 7.5% from the date of petition after adjusting the amount if any, already withdrawn. The Appellant / Transport Corporation is also permitted to withdraw the balance amount available in the deposit on making proper application. 8. The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, the connected M.P. is closed. No costs.