THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1916 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 23.8.2000, in O.P.No.186 of 1996, passed by the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Medak at Sangareddy (for brevity “the Tribunal”), awarding a sum of Rs.70,000/- towards compensation as against the claim of Rs.1,00,000/- made by the claimants, who are the parents, for the death of the deceased-Sri Ram Sailoo, who died in a motor accident that occurred on 14.10.1995, due to the rash and negligent driving on the part of the driver of the van, bearing registration No.KA-20-253, the present civil miscellaneous appeal has been preferred by the insurer-National Insurance Company Limited. 3. The appellant is the insurer of the offending van, respondent Nos.1 and 2 herein are the claimants and respondent No.3 is the owner of the offending van. 4. This is a case of death in a road accident. The particulars regarding the method and manner in which the accident had occurred is not referred to since already on record. The Tribunal, after appreciating the entire evidence on record, both oral and documentary, awarded a sum of Rs.70,000/- towards compensation for the death of the deceased. Hence, the present appeal by the insurer. 5. The only point that arises for consideration in this appeal is whether the quantification of compensation made by the Tribunal is proper and justified. 6. I have carefully gone through the impugned order passed by the Tribunal. The deceased was aged about 12 years. He was a student and was also attending to the work of grazing the cattle and earning Rs.600/- per month. Though the Tribunal had taken the age of the deceased as 12 years basing on Exs.A-3 and A-4, did not accept the version of the claimants that the deceased boy was grazing cattle and earning a sum of Rs.600/- per month. However, the Tribunal had notionally fixed the income of the deceased at Rs.300/- per month and basing on the same, an amount of Rs.70,000/- was awarded towards compensation to the claimants. In my considered view, the assessment made by the Tribunal as regards the monthly income of the deceased at Rs.300/- is very marginal and cannot be said to be on higher side. Eventually by taking into consideration the age of the deceased and other aspects, the Tribunal had rightly arrived at the said figure of Rs.70,000/-. 7. Therefore, I do not find any illegality or irrationality in the impugned order passed by the Tribunal and hence the civil miscellaneous appeal is liable to be dismissed. 8. However, the Tribunal had awarded interest at 12% per annum from the date of petition till the date of 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 12% to 9% 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 12% to 9% per annum from the date of petition till realisation. In all other aspects, the impugned order passed by the Tribunal shall remain unaltered. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 22.07.2010 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1916 of 2003 22.07.2010 (Msr)