THE HON’BLE SRI JUSTICE D.S.R. VARMA Civil Miscellaneous Appeal No.953 of 2003 Date: 30.09.2010 Between: General Manager, A.P.S.R.T.C., Musheerabad, Hyderabad and another. … Appellants and Miss Hema Jyothi … Respondent THE HON’BLE SRI JUSTICE D.S.R. VARMA Civil Miscellaneous Appeal No.953 of 2003 ORAL JUDGMENT: Heard learned Standing Counsel appearing for the appellants- Andhra Pradesh State Road Transport Corporation as well as the learned counsel appearing for the respondent-claimant. 2. Aggrieved by the judgment and decree, dated 16.10.2002, in O.P.No.370 of 1996, passed by the Chairman, Motor Accident Claims Tribunal (District Judge), Nizamabad (for brevity “the Tribunal”), awarding a sum of Rs.1,61,475/- as against the claim of Rs.2,00,000/- towards compensation for the injuries sustained by the claimant in a motor accident that occurred on 17.12.1996 at about 10-30 a.m., at Kammarpally shivar, Nizamabad District, due to the rash and negligent driving on the part of the driver of the bus, bearing registration No.AP 9Z 3756, belonging to the appellant-Corporation, the present civil miscellaneous appeal has been preferred. 3. This is a case of injuries sustained by the claimant in a road accident. The method and the manner, in which the accident had occurred, and also the aspect of negligence are not referred to since not in dispute. The Tribunal, after appreciating the entire evidence on record, both oral and documentary, awarded a sum of Rs.1,61,475/- towards compensation on all counts. Hence, the present appeal by the Corporation. 4. Learned Standing Counsel for the appellant-Corporation contended that the Tribunal erred in awarding a sum of Rs.1,00,000/- towards permanent partial disability, which is highly excessive. 5. Now, the only point that arises for consideration in this appeal is whether the compensation awarded by the Tribunal is just and reasonable? 6. It is to be seen that the permanent partial disability suffered by the claimant was assessed at 50% due to fracture of 3rd, 4th and 5th ribs on right, leading to the respirative problems. The aspect of permanent partial disability suffered by the claimant cannot be disputed and the claimant has to bear the same in future also. Therefore, the Tribunal had rightly awarded a sum of Rs.1,00,000/- towards permanent partial disability. 7. Therefore, I do not find any illegality or irrationality in the quantum of compensation awarded by the Tribunal warranting interference by this Court. 8. However, the Tribunal had awarded interest on the amount of compensation at 9% per annum from the date of petition till realisation. In my considered view, the said rate of interest is slightly on higher side. Therefore, exercising the power under Section 171 of the Motor Vehicles Act, 1988, I deem it appropriate to reduce the rate of interest from 9% to 7.5% per annum from the date of petition till realisation. 9. In the result, the civil miscellaneous appeal is allowed in part, reducing the rate of interest from 9% to 7.5% per annum from the date of petition till realisation. In all other aspects, the judgment passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 30.09.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.953 of 2003 30.09.2010 (Msr)