THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2540 of 2003 Date: 12-8-2010 Between The United India Insurance Co. Ltd., Palamaner Branch, Rep. by its Divisional Manager, Tirupati … Appellant/Respondent No.2 and 1. Sandipati Vasanthamma and another … Respondents/Petitioners 3. T.Narayanan … Respondent/Respondent No.1 THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2540 of 2003 Oral Judgment: Heard both sides. 2. Appeal by the insurer challenging the order and decree, dated 11-3-2003, in M.V.O.P.No.133 of 2000 passed by the Chairman, Motor Accidents Claims Tribunal cum V Additional District Judge, Tirupati, Chittoor district in awarding a sum of Rs.1,50,000/- as against the claim of Rs.2,00,000/- towards compensation to the parents of the deceased S.Praveen, aged 7 years, who died in a motor vehicle accident that occurred on 17-02-2000 due to the rash and negligent driving on the part of the driver of lorry bearing No.KA 05-556, owned by respondent No.3 herein. 3. I have perused the order of the Tribunal. With cogent reasons, the Tribunal has passed the order awarding a total sum of Rs.1,50,000/- towards compensation. I do not find any reason to interfere with the said finding of the Tribunal. 4. However, I feel that the rate of interest at 9% per annum awarded by the Tribunal is on higher side and also the rate of interest is varying from time to time. Of course, such discretion can be exercised by the Tribunal. However, I am of the view that the rate of interest awarded by the Tribunal is on higher side. Therefore, the same is reduced to 6.5% per annum uniformly from the date of filing of the petition till realisation. 5. With the said modification, the appeal is allowed in part. 6. It is made clear that if any amount is deposited by virtue of the orders of the Tribunal under ‘No fault liability’, the insurer would be liable to pay the balance amount i.e., Rs.1,00,000/- (Rupees one lakh only). _______________________ JUSTICE D.S.R.VARMA 12th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.2540 of 2003 12th August, 2010. (Ak)