RAMESH MADHAV BAPAT, J.

( 1 ) THIS is an appeal by the United India Insurance Company Limited. The appellant herein was aggrieved by the award passed in M. V. O. P. No. 97 of 1998 by the Motor Accidents Claims Tribunal-cum-V Additional District Judge, Tirupathi awarding compensation of Rs. 16,51,400. 00. The claimants-respondents herein filed a petition under Section 163-A of the Motor Vehicles Act claiming compensation of Rs. 22 lakhs on the death of M. Muni Krishna Reddy, husband of first claimant and father of claimants 2 to 5 and son of 6th claimant, who died in the motor accident occurred on 21-1-1998 at about 9-00 p. m. , near Rass building at M. R. Palle to AIR By-pass road. On evidence the Tribunal granted compensation of Rs. 16,51,400. 00.

( 2 ) THE main contention raised by the appellant herein that the Tribunal ought to have appreciated that under Section 163-A of the Motor Vehicles Act, the maximum earning capacity is to be taken as Rs. 40,000. 00for computing compensation and no more amount can be taken by way of earning capacity under Second Schedule. It was further contended by the learned Counsel for the appellant herein that the earning capacity in the present case

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