THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR M.A.C.M.A.No.4 of 2005 ORDER: The United India Insurance Company Limited is challenging the award dated 29.06.2004 passed in M.V.O.P.No.210 of 2001 passed by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Khammam. The first respondent herein is the claimant before the Tribunal. The brief facts of the case are as follows: On 09.12.2000 at about 7.00 p.m., while the claimant and his wife, after attending a function, were returning to their house on their motor cycle and when they reached the outskirts of Kesavapuram Village, the driver of the offending Mini Bus bearing No.AP 9-T-364, which was coming from opposite direction, drove the vehicle in a rash and negligent manner at high speed and dashed against the motor cycle, as a result of which, the claimant fell down and the bus ran over his right leg. Hence, the claimant claimed compensation of Rs.9,50,000/-. The driver and owner of the mini bus remained ex parte. The Insurance Company contested the matter and denied material averments in the claim petition. As far as the issue of negligence is concerned, the finding of the Tribunal is not disputed. Based on the medical evidence, the Tribunal assessed the disability at 50% and awarded total compensation of Rs.7,30,500/- under various heads. The main contention of Sri Naresh Byrapaneni, learned counsel for the appellant-Insurance Company is that the claimant is a Government employee and he was attending his duties and there was no reduction in his salary even after the accident and therefore, the taking loss of earnings at 50% by the Tribunal is not correct. According to him, in fact, there is no loss of earnings to the claimants. On the other hand, the learned counsel for the first respondent- claimant submits that the claimant sustained permanent disability. He was walking with the assistance of a stand and he requires an attendant through out his life and due to the said accident, the claimant has lost an opportunity of getting promotion and that he had 11 years of service after the date of accident. No doubt, the claimant was attending his duties after the accident. However, the evidence on record reveals that he was attending his duty with the help of his elder son and that he required assistance of a personnel through out his life. It is also not in dispute that the claimant is unable to drive or ride any vehicle. The claimant specifically deposed that as a result of the injury sustained by him, it is very difficult to get promotion as Sub Regisrar and that he has to face problem till he retired in the year 2013. The Tribunal having regard to the salary certificate, has taken the salary of the claimant as Rs.7,583/- per month. But as seen from recitals of salary certificate, there were deductions towards GPF, APGLI etc., and thus, deductions cannot be taken into consideration while calculating the total salary of the claimant. It is settled law that in view of the latest judgments of the Apex Court, the future prospects have to be taken into consideration. Thus, the total net salary of the claimant may exceed Rs.10,000/- per month. Admittedly, the claimant had future prospects. Having regard to the diminishing opportunities of promotion and thereby loss of future income to him, I do not see any reason to differ with the view of the Tribunal that there may be loss of earnings of Rs.3,500/- per month. In view of the same, there cannot any much difference of the amount awarded towards loss of future earnings of the claimant. As far as awarding of amount on other heads is concerned, the same is not in dispute. However, having regard to the recent judgments of the Apex Court, the rate of interest is reduced from 9% per annum to 7.5% per annum from the date of the petition till the date of realization. With the above modification with regard to the rate of interest, the appeal is partly allowed. There shall be no order as to costs. Consequently, the Miscellaneous Petition, if any, pending in this appeal shall stand closed. __________________________ B. CHANDRA KUMAR, J. Date: 22.04.2014 va THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR M.A.C.M.A.No.4 of 2005 Date: 22.04.2012 va