THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.842 OF 2004 JUDGMENT: This appeal is filed by the APSRTC aggrieved by the award dated 20-11-2003 passed in OP No.230 of 1999 by the Motor Accidents Claims Tribunal-cum-Principal District Judge, Nellore. The claimant-respondent herein, though his father and guardian, made a claim for Rs.10,20,000/- for the injury sustained by him in the motor accident involving the accident bus bearing No.AP10Z 1474 on 20-11-2003. 2. The facts stated are:- on 5-8-1998 at about 5-00 pm, when the claimant was crossing the platform in the RTC bus stand to board a bus parked at a distance from the platform, the accident bus in question came in a rash and negligent manner dashed him, as a result of which he fall down under the right tyre of the bus and sustained grievous injuries and ultimately one of his legs was amputated. It is stated that as on the date of the accident, the claimant was aged 11 years studying VI class. To prove the accident, the claimant filed Ex.A-1 copy of FIR and Ex.A-2 copy of charge sheet. Due to the accident, as is it has come in the evidence of PW-1, the claimant’s right leg was amputated above knee level upto hip joint. 3. The Tribunal, by the impugned order allowed the OP in part awarding compensation of Rs.4,39,000/- as against the claim of Rs.10,20,000/- with interest at 9% per annum from the date of petition till the date of realization. Questioning the said award this appeal is filed by APSRTC. 4. Heard the learned counsel for the appellant-APSRTC and the learned counsel for the respondent-claimant. Perused the impugned award passed by the Tribunal. 5. As to the culpability in causing the accident, the Tribunal on evidence held that the driver of the accident bus in question was at fault, which is supported by the evidence of PW-2, eye witness to the accident, hence the said finding reached does not warrants any interference. Coming to the question of award of just compensation, as seen from the evidence, the claimant is an young boy of 11 years old and Ex.A-6 clearly shows that the amputation was affected above the knee level upto hip joint and on account of which, the claimant boy might have suffered lot of pain and agony at the time of accident and subsequently and he has to put up with the agony throughout his life. The Tribunal considering the aspects of the matter viz., pain and suffering, discomforts and inconvenience that are likely to be caused to the claimant including his future prospects, granted a sum of Rs.4,39,000/-, which in the facts and circumstances of the case cannot be said to be on the high side and, therefore, does not warrant any interference. However, the rate of interest granted by the Tribunal is at 9 % per annum, is liable to be reduced to 7.5% per annum from the date of petition till the date of payment, in the light of the decision of the Supreme Court in SARLA VERMA vs. DELHI TRANSPORT CORPORATION (2009 (6) SCALE 129). 6. In the result, the appeal is partly allowed and the rate of interest granted by the Tribunal at 9% per annum is reduced to 7.5 % per annum. The impugned award of the Tribunal stands modified to that extent. No costs. _______________________ Ghulam Mohammed, J Dated 27-1-2011 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.842 OF 2004 27-1-2011