IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THIS THE 5th DAY OF AUGUST, 2010 CIVIL MISCELLANEOUS APPEAL No.3614 of 2003 Between United India Insurance Co. Ltd., rep. by its Divisional Manager …APPELLANT(S) A N D Smt Mery Pushpalatha and others …RESPONDENT(S) THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.3614 of 2003 ORAL JUDGMENT: Heard both sides. 2. Challenging the quantum of compensation awarded by the IV Additional Chief Judge-cum-Motor Accident Claims Tribunal, City Civil Courts, Hyderabad (for brevity “the Tribunal”), in O.P.No.1139 of 2000, by order and decree, dated 18.06.2003, for the death of one A.Deva Prasad (hereinafter referred to as ‘the deceased), in a road accident that occurred on 13.04.2000, the appellant-United India Insurance Company Limited has filed the present Civil Miscellaneous Appeal. 3. Appellant is the insurer, respondent Nos.1 to 4 are the claimants/legal heirs of the deceased, and 5th respondent, against whom the appeal stood dismissed, vide this Court’s order, dated 28.01.2010, is the owner of offending vehicle i.e., T.V.S.Scooty. 4. The particulars regarding the method and manner in which the accident took place and the rash and negligence etc., are not referred to herein as they are not in dispute. 5. The Tribunal, after appreciating the entire material, including the evidence, both oral and documentary, available on record, awarded a total sum of Rs.4,12,600/- towards compensation to the claimants for the death of the deceased. 6. The only point that arises for consideration, in this appeal, is whether the quantum of compensation awarded by the Tribunal is proper and justified? 7. I have carefully gone through the impugned award, passed by the Tribunal. It is observed that the claimants have claimed a total compensation of Rs.6,28,728/-, under Sections 166 and 140 of the Motor Vehicles Act, 1988. The Tribunal, having elaborately dealt with all the aspects, including the age and income of the deceased, came to the conclusion that the claimants are entitled to Rs.3,79,600/- towards loss of dependency, Rs.15,000/- towards loss of consortium, Rs.15,000/- towards loss of estate, Rs.1,000/- towards transportation and Rs.2,000/- towards funeral expenses, and granted a total compensation of Rs.4,12,600/-. 8. Therefore, I do not find any ground to interfere with the reasons recorded by the Tribunal, while granting the compensation, and there is no illegality or irregularity in the impugned order. 9. However, having regard to the facts and circumstances of the case, I am of the opinion that the rate of interest awarded by the Tribunal at the rate of 9% per annum is slightly on higher side. Therefore, the same is reduced from 9% to 7.5% per annum from the date of filing of the claim petition till the date of realisation. In all other aspects and respects, the impugned order and decree shall remain unaltered. 10. In the result, the Civil Miscellaneous Appeal is allowed in part, to the extent indicated above. However, there shall be no order as to costs. _________________ D.S.R.VARMA, J 05th AUGUST 2010 CVRK