1. Though this appeal is posted for admission, with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

2. This appeal by the Corporation is directed against the judgment and award dated 5th December 2012, passed in MVC No.68/2009, by the District Judge & Motor Accident Claims Tribunal, Kodagu, Madikeri, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs.18,50,000/- with 6% interest per annum, awarded in favour of the claimants as against their claim for Rs.5,00,000/-, is inadequate.

3. The facts in brief are that the respondent No.1 is the wife, respondent Nos.2 and 3 are the minor children and respondent No.4 is the mother of the deceased D.N. Vijayakumar, who died in the road traffic accident. The respondents 1 to 3 filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, the deceased met with a road traffic accident, on 27-11-2008, when the deceased was going to Bangalore from Murnaa in a KSRTC Bus bearing Registration No.KA-0i/F-8028 and on the way near Channapatna, the bus crossed the road divider and collided with a Lorry bearing Registration No.KA-01/AD-4458, coming from opposite direction and as a result, eleven persons died and one of them was Vijaya Kumar and several other persons were injured.

4. It is the case of the claimants that, the deceased was hale and healthy prior to the date of accident, which resulted in his death and that he was an agriculturist and had a garage, earning a sum of Rs.20,000/- per month was contributing substantial sum towards the family requirements and in view of his untimely death, the family is displaced and they are in great financial distress and have lost the only hope, social and financial security and aspiration in life and therefore, they have to be compensated reasonably.

5. On account of the death of the deceased, the claimants/respondents 1 to 3 herein filed the claim petition before the Tribunal, seeking compensation of a sum of Rs.18,50.000/- against the appellant/Corporation and others. The Respondent No.4 herein, being the mother of the deceased, filed objections stating that she being the mother and class-1 legal heir of the deceased is also entitled to compensation and accordingly, she prayed for awarding a sum of Rs.5.00 lakhs as compensation and she was impleaded as third respondent before the Tribunal. The said claim petition had come up for consideration before the Tribunal on 5th December, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of X18,50,000/- under different heads, with 6% interest per annum, from the date of petition till the date of deposit Being aggrieved by the quantum of compensation awarded by the Tribunal, the Corporation is in appeal before this Court, seeking reduction of compensation.

6. We have gone through the grounds urged in the memorandum of appeal carefully, perused the impugned judgment and award passed by Tribunal and heard the learned counsel for Corporation as well as the counsel for claimants.

7. Shri.K. Nagaraj, learned counsel appearing for appellant/Corporation vehemently submitted that, the Tribunal has committed an error muchless material irregularity, resulting in serious miscarriage of justice in assessing the income of the deceased at Rs.15,000/- per month, without any basis or credible documentary evidence. The reasoning given by Tribunal at paragraph Nos.20 to 22 for assessing the said monthly income of the deceased is opposed to law and contrary to the material on record and disproportionate to the source of income of the deceased. To substantiate the said submission, he is quick to point out and submit that the deceased was aged about 38 years and was an agriculturist and also running an Automobiles Shop under the name and style of Viju Service Station an