THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2065 of 2003 Date: 29-7-2010 Between The Oriental Insurance Co. Ltd., Rep. by its Authorized Signatory, Regional Office, Begumpet, Hyderabad … Appellant/Respondent No.3 and 1. Gone Laxmi and another … Respondents/Petitioners 3. T.Shivakumar and another … Respondents/Respondents 1 and 2 THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2065 of 2003 Oral Judgment: Despite service of notices, none appears for respondents 2 to 4-petitioner No.2, owner and driver of Tata Sumo bearing No.AP36E-5488, respectively. 2. Heard Sri S.Agastya Sharma, learned standing counsel for the appellant-insurer. 3. Appeal by the insurer challenging the order and decree, dated 04-6-2002, in M.V.O.P.No.228 of 1999, passed by the Chairman, Motor Accident Claims Tribunal cum II Additional District Judge, Warangal in awarding a sum of Rs.3,12,560/- as against the claim of Rs.3,72,000/- towards compensation for the death of the husband of petitioner No.1 in a motor vehicle accident that occurred on 05-02-1999 due to the rash and negligent driving on the part of the driver of offending vehicle. 4. There is not much dispute about the way in which the accident took place. There is a categorical finding recorded by the Tribunal basing on the evidence of P.W.2, who was an eyewitness to the accident. Basing on the said evidence, the Tribunal had arrived at the conclusion that the accident had taken place owing to the rash and negligent driving on the part of the driver of the offending vehicle. 5. The only other thing that is required to be gone into is -- regarding the quantification of compensation as arrived at by the Tribunal, since this is a case of death of a person aged about 45 years. 6. The deceased was proved to be working as a Supervisor in Naresh Textiles, a power loom mill at Surat and was earning about Rs.4,000/- per month. The salary certificate also was marked as Ex.A-6. But, the Tribunal did not believe the said income, inasmuch as, no one was examined to prove the said certificate. 7. However, a conservative estimation had been made to the effect that the income of the deceased person ought to have been not less than Rs.2,500/- per month, out of which after deducting one-third towards personal expenses, arrived at a sum of Rs.1,667/- per month. The annual income of the deceased was estimated accordingly as Rs.20,004/-. Basing on the said figure, applying the multiplier of ‘15’ and having regard to the expected age of the deceased to continue his work, the Tribunal had arrived at a conclusion that the wife of the deceased alone was entitled to a total sum of Rs.3,12,560/-. The said amount was directed to be paid with interest at the rate of 9% per annum from the date of petition till realisation. 8. I have gone through the impugned order and the reasons accorded by the Tribunal. I feel that there is no irrationality in taking into account the facts of the case while arriving at the said quantum towards compensation. 9. However, I am of the opinion that the rate of interest granted by the Tribunal on the amount of compensation is slightly on higher side. Accordingly, I reduce the same to 7.5% per annum from the date of petition till realisation. 10. In the result, the appeal is allowed in part, only to the extent of interest, as indicated above. _______________________ JUSTICE D.S.R.VARMA 29th July, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2065 of 2003 29th July, 2010. (Ak)