( 1 ) HEARD both sides.

( 2 ) THIS appeal is directed against the order of the learned Additional District judge-cum-Motor Accidents Claims Tribunal, Tirupati passed in O. P. No. 200 of 1989 dated 31-12-1990 holding that the accident occurred due to the rash and negligent act on the part of the driver and Conductor of the ill-fated bus aez 3150 on 21-11-1988 at Tirupati bus stand at 11-15 PM and that the appellant-Corporation is liable to pay the compensation to the claimants.

( 3 ) A few facts which are necessary for the disposal of the appeal are as follows: On 21-11-1988 the deceased Kamala Kumar Bhawasingkha, aged about 45 years along with his family members and other relatives was travelling from Bangalore to Srikalahasti in the APSRTC bus bearing No. AEZ 3150. At about 11-15 PM on the same day the bus was stopped at RTC bus stand, Tirupati. Apart from the deceased and other family members, there were other passengers travelling by the same bus to Srikalahasti. After stopping the bus at the RTC bus stand at Tirupati, the driver went to attend the calls of nature and the conductor went to report to the Central Depot about the arrival of the bus. Suddenly there was an accident and the bus caught fire and took the lives of 16 passengers including the deceased. It is alleged that the accident occurred due to the gross negligence and carelessness on the part of the conductor and driver of the bus who contravened the provisions of the Motor Vehicles Act.

( 4 ) THE deceased was the father of the respondents/claimants 1 to 5 and son of the respondents/claimants 6 and 7. The claimants filed an application under Section 110-A of the Motor Vehicles Act before the Motor Accidents claims Tribunal, claiming a compensation of Rs. 16,35,000/ -. The claim was opposed by the apellant-corporation. Before the Claims Tribunal, on behalf of the claimants, P. Ws. l to 3 were examined. Exs. A-l to A-18 were marked on their behalf. No oral or documentary evidence was let in on behalf of the appellant hough an opportunity was given to let in evidence. The Claims tribunal framed the following points for consideration:1. Whether the deceased Kamal Kumar Bhasinghka died due to rash and negligent driving of the bus AEZ 3150 by its driver ? 2. Whether the petitioners are entitled for compensation and if so, to what amount ? 3. To what relief ?after considering the entire material placed before it, the Tribunal found that the accident occurred due to the negligence on the part of the driver and conductor of the bus in not taking care and allowing some inflammable and combustible substance to be kept in the cabin of the driver instead of putting it on the top of the bus.

( 5 ) IT was contended before the Claims Tribunal that the deceased was getting a salary of Rs. 5000/- per month by working as Managing Director- cum-Chairman of Ajay Road Ways (P) Limited besides getting Rs. 12,000/- per annum towards his share from the petrol filling station called Petroleum Corporation at Dhanbad and that he was contributing his entire to the family. The Claims Tribunal after taking into consideration all the attendant circumstances like the age of the deceased, the age of the claimants, the earning capacity of the deceased and applying the multiplier of 25 awarded a compensation of Rs 10,65,000/- as indicated below : Loss of property

Rs. 5000-00

Pain & suffering

Rs. 15,000-00

Loss of expectation of life

Rs. 15,000-00

Love and affection

Rs. 30,000-00

Loss of Income

Rs. 10,00,000-00

Total

Rs. 10,65,000-00

it is urged onbehalf of the appellant-Corporation that taking into consideration the age of the claimants and the income of the deceased, the multiplier applied by the Claims Tribunal is not correct and the multiplier of 11 should have been applied instead of the multiplier 25. On the other hand, it is urged on behalf of the claimants, that the lower Court after taking into account all the relevant factors, the income of the deceased etc. , awarded the compensation a

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