IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD WEDNESDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.2650 OF 2009 Between: The New India Assurance Company Ltd., Rep. by Manager, Nalgonda. …Appellant A n d Anugula Susheela and others ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.No.2650 OF 2009 JUDGMENT: This appeal is directed against the award dated 05.05.2005 in M.V.O.P.No.707 of 2003, on the file of the Chairman, Motor Accidents Claims Tribunal (I-Additional District Judge), Nalgonda (for short ‘the Tribunal’), wherein the said claim application filed by respondents 1 to 3 herein seeking compensation was allowed, awarding compensation of Rs.1,62,000/- with interest at 8% per annum from the date of petition till realization. 2. Heard the learned counsel for the appellant-insurer and the learned counsel for the respondents-claimants. Perused the records. 3. Respondents 1 to 3 herein filed the claim application seeking compensation of Rs.2 lakhs on account of the death of the deceased A.Veera Reddy who died in a motor vehicle accident that occurred on 25.05.2003. The first respondent is the wife and respondents 2 and 3 are the sons of the deceased. According to the claimants, on that day, the deceased was travelling by an auto rickshaw bearing No.AP 24 U 7419 from Narketpally to Perumallabhavi and that on account of rash and negligent driving of the auto by its driver, who was applying sudden brakes, the deceased fell down and sustained head injuries, besides other injuries and died while undergoing treatment at Kamineni Hospital, Narketpally. Police registered a case in Cr.No.65/2003 under Section 304-A IPC against the driver of the auto. 4. The appellant-insurer filed a counter opposing the claim and denying their liability to pay the compensation. 5. During enquiry, P.Ws.1 and 2 were examined and Exs.A-1 to A-6 were marked on behalf of the claimants. No oral or documentary evidence was adduced on behalf of the respondent-insurer, but Ex.B-1 copy of the policy was marked. 6. On a consideration of the material available on record, the Tribunal held that the accident occurred due to the rash and negligent driving of the auto by its driver. The said finding is not seriously challenged. The only contention raised in this appeal filed by the insurer is that the Tribunal erred in awarding Rs.15,000/- towards loss of consortium and Rs.15,000/- towards loss of estate, contrary to the II Schedule of the Motor Vehicles Act. 7. The Tribunal awarded a total compensation of Rs.1,62,000/-, which comprised loss of dependency in a sum of Rs.1,32,000/- and Rs.15,000/- towards loss of consortium and Rs.15,000/- towards loss of estate. The age of the deceased and the multiplier ‘11’ applied by the Tribunal and the income of the deceased estimated at Rs.1,500/- per month by the Tribunal, are not seriously disputed. As rightly contended by the learned counsel for the appellant, the first claimant is entitled for a sum of Rs.5,000/- towards loss of consortium and Rs.2,500/- towards loss of estate and Rs.2,000/- towards funeral expenses. The total compensation payable to the claimants, therefore, works out to Rs.1,41,500/-. The Tribunal awarded interest at 8% per annum which is on the higher side. As per the decision of the Apex Court in SARLA VERMA V. DELHI TRANSPORT CORPORATION[1], the claimants are entitled for interest at 6% per annum from the date of petition. 8. In the circumstances, the claimants are held entitled for a total compensation of Rs.1,41,500/- with interest at 6% per annum from the date of petition. The impugned award is modified accordingly. 9. In the result, the civil miscellaneous appeal is allowed to the extent stated above. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 27th June, 2011 Lrkm [1] (2009) 6 SCC 121