THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No. 240 of 2008 DATE: 16-03-2011 Between: The National Insurance Co. Ltd. and another .. Appellants And Mamnoori Vijaya Laxmi and 4 others .. Respondents THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No. 240 of 2008 JUDGMENT: Being aggrieved against the order and decree dated 16.05.2007 passed in M.V.O.P.No.1162 of 2005 on the file of the Principal Motor Accident Claims Tribunal-cum-Principal District Judge, Warangal, the present Motor Accident Civil Miscellaneous Appeal is filed alleging that the lower Court granted the compensation extensively without taking into consideration of the salary of the deceased and also granted the interest at 7.5% per annum, which is contrary to the judgment reported in the case of SARLA VERMA (SMT) AND OTHERS vs. DELHI TRANSPORT CORPORATION AND ANOTHER[1]. Learned counsel appearing for the respondents while submitting his argument urged that the lower Court granted the compensation basing on the salary certificate of the deceased, which is correct and also urged that if the principles of SARLA VERMA’s case are applied the claimants are entitled for the future earnings of the deceased. Now the point for consideration is whether the order and decree of the lower Court is sustainable? As seen from the order and decree of the lower Court, the petitioners filed claim petition for compensation of Rs.10,00,000/- for the death of the deceased M.Kumara Swamy, who died in the motor vehicle accident on 21.01.2004 at Hanamkonda. The 1st petitioner is wife, petitioners 2 and 3 are children of the deceased. After evaluating the evidence of P.Ws.1 and 2, the lower Court held that the driver of the offending vehicle was responsible for the accident. The lower Court granted total compensation of Rs.9,01,600/- to the petitioners against the respondents 1 to 3 and the claim against respondent No.4 was dismissed. The computation of the compensation was on the net salary of the deceased as per Ex.A-8 salary certificate. The lower Court well discussed the evidence on record and principles for computing the compensation. Admittedly, the deceased was aged about 49 years at the time of the accident. In any view of the matter, the calculation and finding of the lower Court in granting compensation of Rs.9,01,600/-, is just and reasonable. Accordingly, I see no grounds to interfere or modify or alter the finding of the lower Court and thereby the order and decree of the lower Court is sustainable. In the result, the Motor Accident Civil Miscellaneous Appeal is dismissed. _______________ K.S.APPA RAO, J 16-03-2011 MR THE HON’BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No. 240 of 2008 DATE: 16-03-2011 MR [1] (2009) 6 Supreme Court Cases 121