THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3264 OF 2003 AND CROSS OBJECTIONS (SR) NO.12833 OF 2005 Date: 31-03-2011 Between: National Insurance Company Limtied, Rep. by its Branch Manager, Rajahmundry. …..Appellant And Katta Nagaratnam @ Nagamani and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3264 OF 2003 AND CROSS OBJECTIONS (SR) NO.12833 OF 2005 JUDGMENT: Aggrieved by the order and decree, dated 22.4.2003, made in O.P.No.284 of 1997 on the file of the I Additional District Judge-cum-Motor Accident Claims Tribunal, East Godavari District at Rajahmundry, the present appeal is filed by the appellant-insurance company. Respondents also filed cross-objections in the appeal. The appellant-insurance company challenging the order of the lower Court in granting the compensation together with interest @ 9% per annum and urged that the awarded amount would be reduced and interest granted thereunder is to be reduced to 6%. The cross objectors Nos.1 and 2 urged that the lower Court though observed that the petitioners are entitled for a compensation of Rs.1,76,000/-, awarded only an amount of Rs.1,00,000/- on the ground that the claimants have filed the claim petition only for Rs.1,00,000/-. Now the point for consideration is whether the order of the lower Court is sustainable. For better understanding, the parties as arrayed in the lower Court, will be arrayed same in the present appeal also. The petitioners 1 and 2 in O.P.No.284 of 1997 filed a petition claiming compensation for Rs.1,00,000/- for the death of one Katta Venkata Ramana, who died in the road accident on 11.8.1994. The 1st petitioner is the wife and the 2nd petitioner is the daughter of the deceased. The factum of accident is not disputed. In the O.P., P.Ws.1 and 2 were examined and marked as Ex.A1 to A5. R.Ws.1 and 2 were examined and marked as Ex.B1 and 2 and Ex.X-1. After considering the evidence on record, the lower Court awarded compensation of Rs.1,00,000/- to the petitioners with 9% interest per annum. The lower Court well discussed the evidence on record and came to the conclusion that the driver of the auto had valid driving licence to drive the light motor vehicle and therefore, the 3rd respondent is also liable to pay the compensation along with the respondents Nos.1 and 2. The lower Court had taken the monthly income of the deceased at Rs.1,000/- per month and assessed the dependency at Rs.8,000/- per annum and applied multiplier ‘18’ and arrived to a figure of Rs.1,44,000/-. In addition to that amount, the lower Court awarded Rs.15,000/- towards loss of estate and Rs.2,000/- towards funeral expenses and Rs.15,000/- towards loss of consortium, total Rs.1,76,000/- to the petitioners, but restricted the compensation to Rs.1,00,000/- on the ground that the claim made by the petitioner is only Rs.1,00,000/-. Hence, viewed from any angle, the finding of the lower Court in restricting the award of compensation of Rs.1,00,000/- is very much sustainable and I see no grounds for enhancement of compensation as raised in the cross-objections. At the same time, I see no grounds for reduction of rate of interest from 9% to 6%, as argued by the learned Counsel for the appellant-Insurance company in the circumstances of the case on hand. Accordingly, both the Civil Miscellaneous Appeal and Cross Objections are dismissed. No costs. ________________________ JUSTICE K.S. APPA RAO 31st March, 2011. Tjmr THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3264 OF 2003 AND CROSS OBJECTIONS (SR) NO.12833 OF 2005 DATE: 31.03.2011