HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.1364 of 2003 ORAL JUDGMENT: Heard learned Standing Counsel for the appellant- insurance company. Today, the matter is listed under the caption “for judgment”, despite which, learned counsel for the respondents is neither present nor there is any representation on his behalf. Challenging the quantum of compensation awarded by the District Judge-cum-Motor Accident Claims Tribunal, Kadapa (for brevity “the Tribunal”), in M.V.O.P.No.858 of 2001, by the order, dated 06.09.2002, wherein and whereunder a sum of Rs.4,50,000/- was awarded as compensation for the injuries suffered by the petitioner therein in a road accident that occurred on 08.12.2000, the United India Insurance Company Limited filed the present Civil Miscellaneous Appeal. The particulars as regards the manner and method in which the accident occurred, the aspect of rash and negligence, etc., are not in dispute and hence they are not referred to. The only ground that is urged before this Court by the appellant is that the Tribunal estimated the monthly income of the injured as Rs.4,000/-, which is on higher side. The Tribunal, in the impugned order, having observed that there is no proof as regards the income of claimant as Rs.5,000/- per month, however, exercised its discretion and fixed the income of the injured-claimant as Rs.4,000/-. When there is no evidence except the oral testimony of the claimant himself, particularly when he claimed himself to be a businessman, the Tribunal ought to have been a little more stringent in assessing the monthly income of the injured-claimant. The Tribunal had erroneously arrived at this conclusion in the absence of any evidence on record. In my considered view, having regard to the facts and circumstances, particularly when there is no evidence on record in order to establish that the claimant was a businessman, reasonable figure that can be arrived at would be Rs.3,500/- per month, in which event, the annual income of the claimant comes to Rs.42,000/-. Therefore, having regard to the reduction in the estimation of the annual income of the claimant, the compensation towards loss of earnings works out to Rs.2,92,200/-. The amounts awarded towards medical expenses and pain and suffering shall stand unaltered. However, having regard to the facts and circumstances, the rate of interest awarded by the Tribunal appears to be on higher side. Therefore, the rate of interest is fixed at 8% per annum on the compensation from the date of filing of the said O.P. till the date of realization. The appeal is allowed in part, to the extent indicated above, modifying the impugned order passed by the Tribunal. There shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 26th August 2010 dr