IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A.No.2688 of 2005 Dated:11-10-2011 Between: M/S National Insurance Company Limited, Basheerbagh, Hyderabad. ….Appellant. And Smt. Indiradevi Kachwa and others. ….Respondents. The Court made the following: THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD M.A.C.M.A. No.2688 of 2005 ORDER: (per the Hon’ble Sri Justice N.V.Ramana) This appeal is filed by the Insurance Company against the Orders in O.P.No.2607 of 2001 passed by the Chairman, Motor Accidents Claims Tribunal – cum – Chief Judge, City Civil Court, Hyderabad, questioning the quantum of compensation as well as the finding given by the Tribunal about the rash and negligent driving of the driver of the offending vehicle. The learned counsel for appellant has pleaded that as per the evidence of P.W.2, who is a pillion rider of scooter and eyewitness to the accident, the accident occurred on straight road and the lorry could be viewed from a furlong and there is ample evidence on record to come to a conclusion that there is a contributory negligence on the part of the deceased. The Tribunal after taking into consideration of the contentions of both sides held that except alleging contributory negligence, the respondent No.2 did not try to examine the driver of the offending vehicle or any eyewitness mentioned in the charge sheet. In the circumstances, we hold that the Tribunal has rightly held that the accident has taken place due to rash and negligent driving of the driver of respondent No.1. The learned counsel for the appellant has further pleaded that the deceased is a sweet shop owner and the income of the deceased arrived by the Tribunal at Rs.8,000/- per month basing on one year income tax return Ex.A.7, is illegal. It is the case of the petitioners that the deceased is a sweet shop owner and four employees are working under him. Apart from that he used to take bulk orders for supplying sweets in functions and his monthly turn over was Rs.1,50,000/-, but there is no documentary evidence to substantiate the same. The Tribunal has taken into consideration of the income tax return Ex.A.7, Trade license Ex.A.8, certified copy of registration under labour Act Ex.A.9 and the receipt for payment of commercial tax Ex.A.10, and came to the conclusion that he is getting around Rs.8,000/- per month after deducting 1/3rd towards his personal expenses, which is very reasonable amount, as such we find no reasons to interfere with the said finding of the Tribunal. The learned Counsel for the appellant has lastly pleaded that the interest granted by the Tribunal at 9% P.A. is very excessive and arbitrary. Taking into consideration of the judgment of the Supreme Court rendered in “Smt. Sarla Verma and others v. Delhi Transport Corporation and another (2009 AIR SCW 4992)”, the interest rate is reduced to 6% from 9% P.A. Accordingly, the appeal is partly allowed to the limited extent of reducing the interest to 6% P.A. from 9% P.A. on the compensation granted by the Tribunal. In all other aspects, the findings of the Tribunal are hereby confirmed. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:11-10-2011 Ksp