THE HON'BLE SRI JUSTICE GHULAM MOHAMMED M.A.C.M.A. No.1149 of 2005 ORDER: This appeal by the insurance company is directed against the judgment dated 07.10.2004 passed by the Motor Vehicle Accidents Claims Tribunal-cum-I Additional District Judge, Cuddapah in M.V.O.P.No.804 of 2002, whereby the claim petition of the first respondent herein was allowed awarding compensation of Rs.1,97,023/-. Brief facts of the case are that on 05.09.2002 at 4.00 a.m., when the first respondent, who is owner-cum-driver of the auto bearing No.AP 04 T 9231, was proceeding from Alankhanipalli to Vallur, and at Tollagangannapalli, a tipper bearing No.AET 444 being driven by the driver in a rash and negligent manner without horn, came in the opposite direction and hit on the front side of the auto, which caused damages to the auto and grievous injuries to the first respondent. He was shifted to Government Hospital for treatment. Therefore, the first respondent filed the claim petition before the Tribunal claiming compensation of Rs.2,00,000/- for the injuries received by him. To prove his claim, the claimant examined himself as P.W.1 and P.W.2 and marked Exs.A-1 to A-11 i.e., F.I.R., wound certificate, charge sheet, disability certificate, driving licence, R.C., discharge summary, medical bills and transport bills. The insurance company examined no witness, however, marked Exs.B-1 and B-2 i.e., letter and settlement intimation voucher. The Tribunal, after considering the facts and circumstances of the case and the evidence on record, observed that the accident occurred due to the rash and negligent driving of the driver of the tipper, due to which the first respondent received injuries, hospitalized, incurred huge expenditure and suffered 30% disability. Since the first respondent was the auto driver, the Tribunal has arrived his income at Rs.3,000/- per month against the claim of Rs.4,000/- per month. Since the first respondent was aged 35 years, the Tribunal has adopted multiplier ‘17’. Accordingly, the Tribunal arrived at Rs.1,83,600/- (36,000 X 30/100 X 17) for the disability. The Tribunal awarded further sums of Rs.12,423/- for medical expenses and Rs.1,000/- for transport charges, in total it awarded Rs.1,97,023/- with proportionate costs and interest at 9% per annum from the date of the claim petition till realization. A perusal of the judgment of the Tribunal shows that though the Tribunal considered all the aspects in a detailed and proper manner, as rightly pointed out by the learned counsel for the appellant - insurance company, in view of judgment of the Apex Court in Sarla Verma vs. Delhi Transport Corporation[1], interest awarded by the Tribunal has to be reduced to 7% per annum and the Tribunal adopted wrong multiplier ‘17’ instead of ‘16’ for the age of 35 years. However, keeping in view the disability suffered by the first respondent, the compensation awarded by the Tribunal is not reduced. Accordingly, the C.M.A. is partly allowed reducing the interest awarded by the Tribunal from 9% to 7% per annum. In all other respects, the judgment of the Tribunal shall remain intact. No costs. _______________________ GHULAM MOHAMMED, J 29th July, 2010 GHN [1] (2009) 6 SCC 121 = 2009(3) Supreme Today 487