THE HON’BLE SRI JUSTICE D.S.R. VARMA Civil Miscellaneous Appeal No.2317 of 2003 Date: 30.09.2010 Between: A.P.S.R.T.C., rep. by its Managing Director, Musheerabad, Hyderabad and another. … Appellants and Anigandla Bajanna alias Anugandla Bajanna … Respondent THE HON’BLE SRI JUSTICE D.S.R. VARMA Civil Miscellaneous Appeal No.2317 of 2003 ORAL JUDGMENT: Heard learned Standing Counsel appearing for the appellants- Andhra Pradesh State Road Transport Corporation as well as the learned counsel appearing for the respondent-claimant. 2. Aggrieved by the judgment and decree, dated 23.12.2002, in O.P.No.874 of 1998, passed by the Chairman, Motor Accident Claims Tribunal (Additional District Judge), Nizamabad (for brevity “the Tribunal”), awarding a sum of Rs.1,20,000/- as against the claim of Rs.1,50,000/- towards compensation for the injuries sustained by the claimant in a motor accident that occurred on 22.6.1998 at about 10-00 a.m., in front of Inspection Building, Armoor, Nizamabad District, due to the rash and negligent driving on the part of the driver of the bus, bearing registration No.AP 9Z 3903, belonging to the appellant- Corporation, the present civil miscellaneous appeal has been preferred. 3. This is a case of injuries sustained by the claimant in a road accident. The method and the manner in which the accident had occurred and also the aspect of negligence are not referred to since not in dispute. The Tribunal, after appreciating the entire evidence on record, both oral and documentary, awarded a sum of Rs.1,20,000/- towards compensation on all counts. Hence, the present appeal by the Corporation. 4. Learned Standing Counsel for the appellant-Corporation contended that the quantum of compensation awarded by the Tribunal is highly excessive. 5. Now, the only point that arises for consideration in this appeal is whether the compensation awarded by the Tribunal is just and reasonable? 6. It is to be seen that P.W.2 doctor, who treated the claimant, examined and assessed 35% permanent partial disability for mal- united fracture of right clavical, painful and restricted movements of right shoulder, post tramatic stiffness of right foot and hand. He issued Ex.A-8 disability certificate. In addition to that, Ex.A-3 issued by the Government Hospital, Armoor, would show that the claimant suffered as many as seven injuries, out of which one is fracture to right clavical and rest of the injuries are on vital parts of the body. In view of the said fact and also the nature of injuries sustained by the claimant, which are serious in nature, I am of the view that the Tribunal was right in assessing the amount of compensation on all counts. 7. Therefore, I do not find any illegality or irrationality in the quantum of compensation awarded by the Tribunal warranting interference by this Court. 8. However, the Tribunal had awarded interest on the amount of compensation at 9% per annum from the date of petition till realisation. In my considered view, the said rate of interest is slightly on higher side. Therefore, exercising the power under Section 171 of the Motor Vehicles Act, 1988, I deem it appropriate to reduce the rate of interest from 9% to 7.5% per annum from the date of petition till realisation. 9. In the result, the civil miscellaneous appeal is allowed in part, reducing the rate of interest from 9% to 7.5% per annum from the date of petition till realisation. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 30.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2317 of 2003 30.09.2010 (Msr)