THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.4671 OF 2004 National Insurance Co. Ltd V Guguloth Bikkoji and others THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.4671 of 2004. Oral Judgment: 1. This appeal is preferred by the Insurance Company challenging the award passed by the Motor Accidents Claims Tribunal-cum- II Addl. District Judge, Warangal whereby and whereunder the Tribunal granted compensation of Rs.1,25,000/- with proportionate interest and costs for the death of a 10 years girl. 2. The facts in brief are that on 27-5-2002 while G. Suman-deceased, along with her uncle, went to the agricultural fields, and that one tractor- trailor AP 36-A-8357/8358 came with a load of silt from back side, being driven rashly and negligently and hit the deceased, due to which she fell down and died instantaneously. The deceased was aged about 10 years at the time of accident and was having bright future and that due to the untimely death of the deceased the claimants, parents of the deceased, suffered shock and mental agony and lost love and affection. Therefore the claimants filed the present O.P. seeking compensation of Rs.1,25,000/-. 3. The owner of the vehicle R.1 remained ex- parte before the Tribunal. Respondent No.2- insurance company, appellant in this appeal, filed counter denying all the averments in the claim petition. On the basis of the rival claims, appropriate issues were framed and on behalf of the claimants P.Ws. 1 and 2 were examined and Exs.A.1 to A.6 were marked. On behalf of the respondents Exs.B-1was marked. 4. The Tribunal on consideration of the evidence of the claimants, including the eye witness to the accident coupled with Ex.A.1-FIR, and in the absence of any rebuttal evidence by the respondents therein, rightly held that the accident occurred due to rash and negligent driving of the driver of the vehicle in question, and the same needs no interference by this Court. 5. With regard to quantum of compensation is concerned, the Tribunal having found that the deceased was aged about 10 years at the time of the accident, therefore took notional income of Rs.15,000/- per annum as per Second Schedule of the Motor Vehicle Act, and after deducting 1/3rd of the amount towards personal expenses of the deceased assessed Rs.10,000/- as loss of contribution to the family, per annum, by applying the multiplier of 15 quantified the total compensation at Rs.1,50,000/-, for the untimely death of the deceased. However, as the claimants have filed their claim petition seeking Rs.1,25,000/-, the award was passed restricting compensation to Rs.1,25,000/-, which in the facts and circumstances of the case, cannot be said to be on higher side. I am therefore of the view that the quantum of compensation granted by the Tribunal is just and proper and needs no interference. However, the rate of interest granted by the Tribunal is reduced to 7.5 % per annum. 6. Subject to above direction, the appeal is partly allowed. No costs. GM, J Kk/22-7-2010 THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.4671 OF 2004 22-7-2010