HONOURABLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No.306 of 2008 Dated 07-04-2011 Between: The New India Assurance Company Limited, represented by its Divisional Manager, Rajahmundry. …Appellant. And: Chopperla Satyanarayana and another. ..Respondents. HONOURABLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No.306 of 2008 JUGMENT: Having aggrieved against the order dated 14-9-2007 passed in M.V.O.P.No.282 of 2002 on the file of the Motor Accidents Claims Tribunal (VIII Additional District Judge (Fast Track Court), East Godavari, Rajahmundry, the present C.M.A. is filed. The appellant herein is the 2nd respondent in the M.V.O.P.No.282 of 2002. The injured by name Ch.Satyanarayana filed M.V.O.P.No.282 of 2002 claiming compensation of Rs.1,15,000/- for the injuries sustained by him in a road traffic accident. The Tribunal while evaluating the evidence on record, awarded a compensation of Rs.41,000/- with interest at 7.5% p.a., from the date of the petition. Having aggrieved by the said finding, the present C.M.A. is filed. Learned counsel appearing for the appellant mainly urged that the Tribunal below failed in granting compensation to the injured- petitioner as there is no identity about the driver of the offending vehicle and that the Tribunal failed to consider the Survey Report. Learned counsel appearing for the respondents mainly urged that the finding of the Tribunal is justified. Now the point for consideration is: Whether the order of the Tribunal is sustainable? The injured-petitioner besides examining himself as P.W.1 examined P.W.2 the doctor and got marked Exs.A.1 to A.4 and Ex.X.1 Case Sheet. On behalf of the respondents, R.Ws.1 and 2 were examined and marked Exs.B.1 to B.5. According to P.W.1, on 18-3-2001 at about 9 P.M., ambulance driven by the 1st respondent-driver came in opposite direction and dashed the injured-petitioner resulting the injured- petitioner sustained injuries all over the body. Immediately, he was shifted to the Government Hospital, Addateegala. From there, he was taken to the Government Hospital, Kakinada and he was impatient for more than two months and he spent Rs.20,000/- towards medicines. The police, Addateegala registered a case in Cr.No.21 of 2001 for the offence punishable under Section 337 I.P.C. against R.1. As per the recitals of counter of R.1, R.1 is the driver-cum-owner of the vehicle A.P.5U 4837 and the injured-petitioner sustained injuries while he was crossing the road resulting the accident. The contention of the appellant/2nd respondent is that the injured-petitioner is not entitled for the interest at the rate of 7.5% and that he is not entitled for future expenses and that the claim is excessive. Though the respondents examined R.Ws.1 and 2 in support of the contention of the Insurance Company, the Tribunal held that the accident occurred due to the rash and negligent driving of R.1-driver- cum-owner who insured the vehicle with the 2nd respondent-Insurance Company at the time of the accident and thereby, R.1 and R.2 are jointly and severally liable to pay compensation to the injured-petitioner. The finding of the Tribunal while placing reliance on Exs.A.1 to A.4, in my view, is sustainable. However, during the course of arguments, the learned counsel appearing for the appellant-Insurance Company urged that the rate of interest granted by the Tribunal is excessive and the same may be reduced to 6% p.a., by placing reliance on the decision reported in SARLA VERMA (SMT) AND OTHERS Vs. DELHI TRANSPORT CORPORATION AND ANOTHER ([1]). As seen from the impugned order, the Tribunal granted interest at 7.5% p.a., from the date of the petition. Therefore, interest at 6% p.a., on the award is granted from the date of the petition till the date of realization. With the above modification, the appeal is allowed in part awarding compensation of Rs.41,000/- to the petitioner with interest thereon at 6% p.a., from the date of the petition till the date of realization. In the result, the C.M.A. is allowed in part. No costs. ______________________ Justice K.S.APPA RAO Dated 07-04-2011. Dvs HONOURABLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. No.306 of 2008 Dated 07-04-2011 [1] (2009) 6 SCC 121