THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2399 of 2011 JUDGMENT: The appeal is filed questioning the order dated 21.09.2004 in M.V.O.P.No.1185 of 2001 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Kadapa. The claim was made for a compensation of Rs.3,00,000/- for the death of the deceased Nagaiah in a motor accident on 20.10.2001. The petitioners are the dependants of the deceased, who was said to be earning Rs.6,000/- per month. The 3rd respondent also a dependant on the deceased. The 1st respondent-owner remained ex parte and the 2nd respondent-insurance company filed counter denying the petition averments, nature of accident and its liability. The lower Tribunal after considering the evidence on record found that the accident was due to the fault of the driver of the lorry and taking into consideration the age of the deceased and also the income of the deceased, granted a compensation of Rs.1,27,000/-. The insurance company challenged the award on the ground that a sum of Rs.50,000/- was given by the Government under Apathbandhu scheme and that amount has to be deducted. Therefore, the point for consideration is whether the order of the lower Tribunal is proper? POINT: The fact that a sum of Rs.50,000/- was paid as exgratia is not disputed. In fact, so far as the compensation granted by the lower Tribunal is concerned, it is not very much seriously disputed. The only point is whether the amount of Rs.50,000/-, which was granted as exgratia is to be deducted or not. Evidently, there is no provision under the Motor Vehicles Act, whereunder such payment is to be deducted. It is the amount paid by the Government. There is also no material to show that the amount is paid under any policy of insurance and evidently, it is a social protection given by the Government. There is also no material that while making payment the Government stipulated that it should be adjusted in this claim. The scope of determination of motor accident claim is different. Therefore, in view of the above circumstances, it is not a case where such amount has been given, shall be deducted. However, the points were also not seriously canvassed before the lower Tribunal. Therefore, I find no merits in the appeal and the amount paid by the Government towards exgratia cannot be deducted. Accordingly, the appeal is dismissed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 19-10-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2399 of 2011 DATE: 19-10-2011 MR