IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A.NO.178 OF 2003 Between : United India Insurance Company Ltd., .... APPELLANT A N D Chiluka Bhaskar and another and another … RESPONDENTS THE HON'BLE SRI JUSTICE K.S.APPA RAO M.A.C.M.A. NO.178 OF 2008 JUDGMENT: This M.A.C.M.A, under Section 173 of the Motor Vehicles Act, 1939 (for short, ‘the Act’), is directed against the order, dated 16.11.2005 in O.P.No.378 of 2005 on the file of the District Judge, Karimnagar, whereby a compensation of Rs.1,90,000/- was awarded to the petitioners as against the claim of Rs.2,00,000/- for the death of the deceased Chiluka Vishnuvardhan in a road accident. 2. The appellant is respondent No.3 and the respondents are the petitioners in O.P.No.378 of 2005. For the sake of convenience, the parties herein are referred to as they are arrayed in the O.P. before the Court below. 3. The Court below, after an elaborate enquiry granted an amount of Rs.1,90,000/- under all heads. Being aggrieved by the said compensation awarded by the Court below, the present appeal is filed by the United India Insurance Company on the ground that the compensation awarded by the Court below is highly excessive. 4. Now the point that arises for consideration is whether the order of the Court below is sustainable or not? 5. As seen from the impugned order, petitioner No.1 was examined himself as P.W.1 and examined Dr.K.Swamy, who treated the deceased as P.W.2 and filed Exs.A.1 to A.8. 6. The Tribunal, while evaluating the evidence of P.Ws.1 and 2 and Exs.A.1 to A.8, came to the conclusion that respondent Nos.1 to 3 are jointly and severally liable to pay the compensation to the petitioners. 7. The petitioners filed Ex.A.7 Sterilization Certificate, which shows that petitioner No.1 underwent operation. While taking into consideration the evidence of P.W.1, the Court below passed a reasoned order, which is impugned in this appeal, granting a sum of Rs.1,90,000/- under all heads. The findings of the Court below are based on proper appreciation of evidence of P.Ws.1 and 2 coupled with documentary evidence. Ex.B.1 is the copy of policy, which reveals that the offending vehicle has valid insurance coverage as on the date of the accident. 8. Therefore, granting of compensation of Rs.1,90,000/- to the petitioners for the death of the deceased is sustainable and there are no grounds to interfere with the same. However, the Court below granted interest at 9% per annum which in my considered view is on higher side. Therefore, the same is reduced to 7.5% per annum. 9. Accordingly, the M.A.C.M.A. is partly allowed reducing the interest from 9% per annum to 7.5% per annum. There shall be no order as to costs. __________________ K.S.APPA RAO, J MARCH 28, 2011. YVL