MOTILAL B. NAIK, J.

( 1 ) THIS appeal is filed by the A. P. State Road Transport corporation, represented by its Managing director, Musheerabad, Hyderabad assailing the award passed in M. V. O. P. No. 671 of 1996 dated 23. 7. 1999 by the Motor accidents Claims Tribunal-cum-I Additional District Judge, Guntur.

( 2 ) RESPONDENT Nos. 1 to 4 herein are the legal heirs of the deceased Patan Maha-boob, respondent No. 1 being his wife and respondent Nos. 2 to 4 being his minor children. The respondents-claimants filed m. V. O. P. No. 671 of 1996 on the file of the Tribunal below claiming a total compensation of Rs. 4,00,000 from the appellant herein on the ground that the deceased patan Mahaboob died due to rash and negligent driving of the A. P. S. R. T. C. bus by its driver. It is the case of the respondents claimants before the Tribunal below that the deceased was working as helper in P. W. D. Workshop of Government of Andhra Pradesh at Macherla. He was drawing a salary of Rs. 2,922 per month and he was 44 years old at the time of the accident. On 2. 9. 95 while the deceased was driving the jeep bearing registration No. AP-7u-990 at about 12. 30 a. m. from Macherla to Sirigiripadu on Macherla-Srisailam Road, the a. P. S. R. T. C. bus bearing registration No. AP-9-Z8509 driven in a rash and negligent manner came in opposite direction at a high speed and dashed against the jeep driven by the deceased. Due to the said impact, the deceased sustained grievous injuries to his legs, hands and other parts of the body and he was shifted to Government Hospital, Macherla. He was later on shifted to the Government General hospital, Guntur, where he succumbed to his injuries at 8. 30 a. m. on the same day.

( 3 ) THE appellant-respondent filed a counter before the Tribunal below putting the claimants to strict proof on all counts. It is alleged by the appellant-respondent that the accident occurred due to negligent driving of the jeep by the deceased and the driver of the A. P. S. R. T. C. bus was not at fault.

( 4 ) BEFORE the Tribunal below, on behalf of the respondents-claimants, PWs 1 to 4 were examined and Exhs. A-1 to A-6 were got marked. On behalf of the appellant respondent, RW 1 driver of the offending bus was examined and Exhs. B-1 to B-3 were marked.

( 5 ) THE Tribunal, on a consideration of the material on record came to the conclusion that the deceased Patan Mahaboob died in the accident which took place on 2. 9. 1995 due to rash and negligent driving of the A. P. S. R. T. C. bus bearing No. AP-9-Z8509. Taking into consideration the age of the deceased who was aged 45 years at the time of his death, the Tribunal below applied the relevant multiplier of 13 and awarded an amount of Rs. 3,03,888 to the claimants under the head of loss of dependency. The Tribunal further awarded an amount of Rs. 8,000 as compensation to the claimant No. 1 for loss of consortium, Rs. 4,000 towards funeral expenses and Rs. 1,000 for conveyance. In all, the tribunal awarded a total compensation of rs. 3,16,888 to the respondents-claimants with interest at 12 per cent per annum from the date of the petition till the date of deposit. This is the award of the Tribunal, which is assailed before us in this appeal.

( 6 ) MR. C. V. Ramulu, counsel for the appellant Corporation contended that the tribunal below erred in holding that the accident in question took place due to rash and negligent driving of the A. P. S. R. T. C. bus bearing No. AP-9-Z8509 by its driver. Counsel further contended that there is also contributory negligence on the part of the deceased Patan Mahaboob, which factor is evident from the statement given by the M. L. A. , under Exh. B-1, who travelled in the jeep driven by the deceased. Counsel submitted that the Tribunal below has failed to appreciate the disinterested statement of the M. L. A. under Exh. B-1 which clearly indicated that the deceased was at fault and erroneously held that the driver of the A. P. S. R. T. C. bus was negligen

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