THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.1092 of 2001 JUDGMENT: Respondent Nos.1 and 2 filed O.P.No.84 of 1997 before the Motor Accident Claims Tribunal-cum-Additional Chief Judge, City Civil Court, Hyderabad (for short ‘the Tribunal’) claiming compensation of Rs.2,50,000/- on account of the death of late Mohd.Abdul Wahad, husband of respondent No.1, father of respondent No.2 and son of respondent Nos.3 and 4. It was pleaded that Abdul Wahad was travelling in an auto bearing No. AP 11 T 6301 from I.S. Sadan towards Police Control Room at Hyderabad and when it reached the Government Printing Press, R.T.C. bus bearing No. AAZ 6155, owned by the appellant, dashed against the auto, resulting in death of Abdul Wahad and another inmate of that vehicle. It was stated that Crime No.16 of 1997 was registered under Section 304-A I.P.C. The deceased was said to be an employee in Government Printing Press drawing salary of Rs.3,068/- and that he was aged about 30 years at the time of his death. The appellant opposed the O.P. by filing a counter. It was stated that the accident occurred on account of negligent driving of the driver of the auto and that it is not liable to pay any compensation. Through order, dated 24.07.2000, the Tribunal awarded a sum of Rs.1,92,474/- as compensation and apportioned the same between respondent Nos.1 and 2. Interest at the rate of 12% was awarded. The said order is challenged in this appeal. Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 and 2. The occurrence of the accident was proved by respondent Nos.1 and 2 by examining P.Ws.1 and 2 and filing Exs.A1 to A8. The finding of the Tribunal that the deceased died on account of rashness on the part of the driver of the bus is not seriously disputed. So far as the quantum of compensation is concerned, respondent Nos.1 and 2 filed Ex.A8, salary certificate of the deceased, which is to the effect that he was being paid salary of Rs.3,068/-. Though the law, as declared by the Supreme Court warrants that 50% of the salary must be enhanced while determining the loss of contribution to the family, no such effort was made. On the other hand, the contribution that was being made towards the parents, i.e. respondent Nos.3 and 4 at the rate of Rs.1200/- per month was deducted and even from the left over amount, one third was deducted towards personal expenditure of the deceased. It is in this process that the Tribunal awarded a sum of Rs.1,92,474/-. Absolutely, no interference is warranted. The Tribunal awarded interest at the rate of 12% per annum. By any standard, it is on higher side. The interest permissible in the claims presented under the Motor Vehicles Act is in the range of 6 to 7%. Hence, the appeal is partly allowed reducing the rate of interest from 12% to 7%, but upholding the order in all other respects. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt: 28.12.2011. kdl