THE HON'BLE SRI JUSTICE GHULAM MOHAMMED C.M.A. No.4750 of 2004 ORDER: This appeal by the insurance company is directed against the judgment dated 18.08.2003 passed by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-V Additional Chief Judge, City Civil Court, Hyderabad, in O.P.No.2439 of 2001, whereby the claim petition of respondent Nos.1 and 2 herein was allowed in part by awarding a compensation of Rs.78,500/-. Brief facts of the case are that on 10.11.2001 at about 8.30 a.m., one D.C.M. van bearing No.AP 12 U 270 being driven with high speed and in a rash and negligent manner by the driver dashed one Amarnath Reddy - two years old boy in front their house, due to which the boy sustained multiple injuries and died on the spot. Therefore, the parents of the deceased boy filed the claim petition before the Tribunal claiming compensation of Rs.1,00,000/- for the death of the deceased boy. To prove their claim, the claimants examined P.Ws.1 and 2 and marked Exs.A-1 to A-6 i.e., F.I.R. in Crime No.520 of 2001, inquest report, postmortem report, Motor Vehicle Inspector’s report, charge sheet in the crime and the insurance policy. The insurance company though examined no witness, however marked Ex.B-1 - insurance policy. The Tribunal, after considering the facts and circumstances of the case and the evidence on record, observed that the accident occurred due to the rash and negligent driving of the driver of the van and because of the accident only, the boy died and therefore, the claimants are entitled for compensation. The Tribunal took the view that the claimants are entitled to Rs.50,000/- under no fault liability. Since the deceased was a child of two years old and was the only child of the claimants, the Tribunal awarded further sums of Rs.25,000/- towards pain and suffering, Rs.1,500/- towards transportation of the dead body and Rs.2,000/- towards funeral expenses. In total, the Tribunal awarded a compensation of Rs.78,500/- with proportionate costs and interest at 9% per annum from the date of petition till the date of realization. A perusal of the judgment of the Tribunal shows that the Tribunal considered all the aspects in a detailed and proper manner. Therefore, I do not see any infirmity in the judgment of the Tribunal while awarding compensation as referred to above. However, as rightly pointed out by the learned counsel for the appellant – insurance company, in view of the catena of decisions of the Apex Court, interest awarded by the Tribunal has to be reduced to 7% per annum. Accordingly, the C.M.A. is partly allowed reducing the interest awarded by the Tribunal from 9% to 7% per annum. In all other respects, the judgment of the Tribunal shall remain intact. No costs. _______________________ GHULAM MOHAMMED, J 29th July, 2010 GHN