HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.1702 OF 2011 JUDGMENT: The appeal is filed by the respondents in O.P.No.893 of 2003 on the file of Motor Accidents Claims Tribunal-cum-VII Additional Metropolitan Sessions Judge for the trial of Communal Offence Cases, Red Hills, Nampally, Hyderabad, questioning the quantum of compensation granted in O.P.No.893 of 2003. 2. The claim was one for compensation consequent on the death of deceased Ramulu on 08.01.2003 in a motor accident. The RTC bus bearing No. AP 9Z 5572 is said to have dashed against the deceased causing the death. The deceased was aged about 50 years and earning Rs.5,000/- per month. The appellant herein disputed the liability on the ground that there is no rashness or negligence on the part of the driver of the vehicle. The driver of the vehicle was also examined. The lower Tribunal after considering the evidence of PWs.1 to 3 and also the fact that the police have filed the charge sheet Ex.A.2, has found that the incident was due to the fault of the driver of the bus only. There cannot be any contributory negligence on the part of the deceased as he was going on a cycle in a busy area. Therefore, in view of the above circumstances, the finding of the lower Tribunal does not call for any interference. 3. It was also contended that the earning capacity of the deceased was taken as Rs.3,000/- per month without any basis. Evidently, the deceased was aged 50 years and was said to be doing some business and the lower Court did not give any credence to the certificate, but however taken into consideration the income as Rs.3,000/- per month. The incident is of the year 2002 and therefore, taking the earning capacity of a labourer in Hyderabad, it cannot be said to be excess. The lower Tribunal has applied the multiplier 7.68 by applying the earlier law, but however by applying the present law multiplier, the compensation will also be on higher side. On any ground quantum of compensation granted by the lower Tribunal cannot be faulted. However, the lower Tribunal granted interest at 9% per annum and it is reduced to 7.5% per annum in view of the settled law laid down by the Hon’ble Supreme Court. Accordingly, the appeal is partly allowed. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date: 12.08.2011 INL