HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.1726 OF 2011 JUDGMENT: The appeal is filed by the insurance company questioning the liability to pay compensation of Rs.60,000/- towards damages for the Car bearing No.APJ 4700 in O.P.No.224 of 1996 on the file of Motor Accidents Claims Tribunal-cum- III Additional District Judge (Fast Track Court) at Nizamabad. 2. A claim was made by the deceased 1st petitioner for a sum of Rs.1,50,000/- stating that the car bearing No.APJ 4700 was involved in a motor accident when the lorry KL 11 A 6670 came in a rash and negligent manner and dashed against the car. The appellant herein contested the claim contending that the liability is only Rs.6,000/- as per Section 147 of the Motor Vehicles Act (fort short, ‘the Act’). 3. The learned counsel for the appellant contends that there is no proof that the quantum of damages granted by the lower Tribunal at Rs.60,000/- is correct. 4. Evidently, in case of appeals by the insurance company, it is very difficult to interfere with the quantum of compensation granted by the lower Tribunal unless and until there is no evidence at all and that the lower Tribunal has totally ignored any evidence adduced by the appellant. In this case, there is the evidence of Motor Surveyor Report Ex.A.4 and also Ex.A.3 bills and therefore, the lower Tribunal taken into consideration the above factors, came to the conclusion that the damages can be assessed at Rs.60,000/-, which in the circumstances, I feel may not be excessive. 5. So far as the liability being restricted to Rs.6,000/- under Section 147 of the Act, the policy Ex.B.1 admittedly shows that extra premium was collected for third party risk and Rs.75/- was paid. Therefore, in view of the circumstances, the damage to the vehicle being a third party property claimed the limitation under Section 147 of the Act does not apply. Therefore, the award passed by the lower Tribunal does not call for any interference. However, the interest granted at 9% per annum is reduced to 7.5% per annum in view of the settled law laid down by the Hon’ble Apex Court. 6. With the above modification, the award of the lower Tribunal is confirmed and the appeal is allowed in part. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date: 12.08.2011 INL