S. Manikumar, J.—C.M.A.No.1382 of 2016, is filed by the Managing Director, Tamil Nadu State Transport Corporation (Villupuram Division-I) Ltd., Villupuram, to set aside the judgment and decree made in M.C.O.P.No.21 of 2014, dated 22.01.2016, on the file Motor Accident Claims Tribunal (Subordinate Judge), Neiveli, by which, the Tribunal, fixing negligence on the driver of the Transport Corporation bus, bearing Registration No.TN 21 N 1473, awarded compensation of Rs.23,70,000/-, with interest, at the rate of 9% per annum, from the date of claim, till the date of realisation.

2. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimants have filed a separate appeal in C.M.A.No.979 of 2016, for enhancement.

As facts and submissions, in both the cases, are common, they are taken up together and disposed of, by a common order.

3. Though Mr.S.Sairam, learned counsel appearing for the Transport Corporation assailed the correctness of the finding of the Tribunal, fixing negligence on the driver of the Transport Corporation bus, going through the materials on record, this Court is of the view that there is no perversity in the findings recorded by the Tribunal and we therefore, concur with the same.

4. Notwithstanding the prayer to interfere with the finding on negligence, Mr.S.Sairam, learned counsel appearing for the Transport Corporation submitted that the Tribunal has failed to consider that no proper and acceptable evidence has been adduced to prove employment and earning of the deceased and therefore, sought for re-determination and reduction of the quantum of compensation. It is also his submission that 9% interest awarded by the Tribunal, is on the higher side.

5. Per contra, seeking enhancement of compensation, Mr.S.Sathiaseelan, learned counsel appearing for claimants submitted that the Tribunal has failed to award a just and reasonable compensation to the elder brother of the deceased, despite the fact that the entries in Ex.P5 Family Ration Card, revealed his relationship. He further submitted that the Tribunal has erred in dismissing the claim of the elder brother of the deceased. He further submitted that under Section 166 of the Motor Vehicles Act, the 2nd claimant, elder brother of the deceased, is also entitled to claim compensation. He also submitted that the Tribunal ought to have awarded a just and reasonable compensation, under the head, loss of love and affection, to him.

6. Added further, learned counsel appearing for the claimants submitted that compensation of Rs.50,000/- awarded to the mother of the deceased, under the head, loss of love and affection, is less. He also submitted that the Tribunal has failed to award any compensation towards loss of estate, and for conventional damages, viz., transportation and damages to clothes.

7. On the plea of the Transport Corporation for reduction of rate of interest, placing reliance on a decision in Puttamma v. K.L.Narayana Reddy reported in (AIR 2014 SC 706) learned counsel for the claimants submitted that the rate of interest, ordered by the Tribunal, need not be interfered with.

Heard the learned counsel appearing for the parties and perused the materials available on record.

8. On the quantum of compensation, it is the case of the claimants that on the date of accident, ie., on 19.08.2013, the deceased was an employee, in Goodrich Aerospace Services Pvt. Ltd., and earned Rs.1,73,820/- per annum. Upon perusal of Ex.P7 Diploma Certificate of the deceased, the Tribunal has observed that the deceased was studying Diploma in Mechanical Engineering, in Diamond Academy, Open University, Karnataka. Ex.P12 is the College Identity Card. PW.1, mother of the deceased, has adduced evidence, supporting employment and earning. Ex.P11 is the Salary Certificate of the deceased and upon perusal of the same, the Tribunal has observed that at the time of accident, the deceased was working as Operator in the abovesaid Company and during April’ 2011,