THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No.1393 of 2011 JUDGMENT: 1. Heard. 2. The appeal is filed by the 3rd respondent in O.P.No.277 of 1998 on the file of the I Additional District Judge, Medak at Sanga Reddy, where-under a claim for compensation for the death of the husband of the petitioner and the motor accident tribunal accepted the case of the petitioner that there was contributory negligence on the part of the driver of the jeep in which the deceased was travelling and also the driver of the bus. The Tribunal has granted a compensation of Rs.2,00,000/- as claimed. 3. The learned counsel for the appellant contends that the contributory negligence attributed to the appellant herein is not proved and the evidence of PW.1 in cross-examination does not establish the same and the charge sheet was filed only against the driver of the jeep and therefore, the appellant is not liable to pay the same. However, when the nature of the rashness and negligence attributed driver of the bus is disputed, the evidence should have been let in by examining the driver of the bus. Evidently, the driver of the bus did not go into box. On the other hand, PW.1, who was travelling along with the deceased, clearly stated that the bus came in opposite direction in high speed and dashed the jeep, which is also going with the speed. PW.1 is a laywoman, any of the admissions or inconsistencies, which were elicited in the cross-examination, cannot be given much importance. The fact remains that is a case of head on collusion. Therefore, taking into consideration the lower Court has rightly apportioned the liability between the insurance Company and also the appellant herein. I do not find any error in approach of the lower Tribunal. However, the lower Tribunal has granted interest at 9% per annum and taking into consideration the present law, the interest granted by the lower Tribunal is reduced to 7.5% per annum. 4. With the above direction, the award of the lower Tribunal is modified. Accordingly, Civil Miscellaneous Appeal is allowed in part. No costs. _______________________ N.R.L.NAGESWARA RAO,J Date: 13.07.2011 INL