THE HON'BLE MR JUSTICE R. KANTHA RAO C.M.A.No.1887 of 2001 JUDGMENT: This appeal is filed by the Andhra Pradesh Road Transport Corporation (APSRTC) against the order, dated 18.04.2001, passed by the Motor Accidents Claims Tribunal (III Additional District Judge), Warangal, in M.V.O.P.No.356 of 1999, on the grounds that the Tribunal erred in fastening the liability on the APSRTC and the compensation granted is on higher side, which deserves to be reduced in this appeal. Heard both sides. The first claimant herself was examined as PW.1 and she also examined PWs.2 and 3, the eyewitnesses to the accident and who were waiting for the RTC bus at relevant time. According to PWs.2 and 3, the driver of the APSRTC bus bearing No. AP 10 Z 893 drove the bus at high speed in a rash and negligent manner and dashed against the Scooter bearing No. AP 15 9896, which was proceeding on the corner of the road. It was also their evidence that they and some other persons forced the driver to stop the bus. They also stated that the road is sufficiently wide and two vehicles can pass at a time. The appellant-Corporation contended that there was contributory negligence on the part of the person, who was driving the scooter, and at the relevant time three persons were traveling on the scooter, but the Corporation neither examined the driver of the bus nor any other person to substantiate its plea. Having regard to the circumstances in which the accident took place, and in view of the non-examination of driver of APSRTC bus, an adverse inference can be drawn against the appellant-Corporation. Hence the Tribunal, basing on the evidence of PWs.2 and 3, who are eyewitnesses, rightly held that the accident occurred solely on account of the rash and negligent driving of the driver of the APSRTC bus. Thus this point is answered against the appellant-Corporation. As regards the quantum of compensation, it is the evidence of PW.1 that the deceased Thakkallapally Madhusudhan Rao, was aged about 46 years and he was working as a Manager in Bharath Mess at Hanmakonda Chowrastha. The earnings of the deceased was Rs.3000/- per month. It was also the version of PW.1 that the deceased was having 3 ½ acres of dry land at Rampoor village of Dharmasagar Mandal. The learned Tribunal considered the income of the deceased at Rs.2,100/- per month from all sources for the purpose of computing compensation, and after deducting 1/3 towards the personal expenses of the deceased, and by applying multiplier 13, which is appropriate, awarded an amount of Rs.2,18,400/- towards compensation. The compensation being rightly arrived at by the Tribunal, and being in accordance with law, the same needs no interference in this appeal and the same is confirmed. The interest @ 9% p.a., granted by the learned Tribunal being on higher side, is reduced in this appeal to @ 7.5% p.a., from the date of petition till the date of realization. In the result, the Civil Miscellaneous Appeal is allowed in part reducing the rate of interest to the extent indicated above. There shall be no order as to costs. __________________ (R. KANTHA RAO, J.) 16th April, 2010 Js.