IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR MOTOR ACCIDENTS CIVIL MISCELLANEOUS APPEAL No.437 OF 2007 BETWEEN M/s. United India Insurance Co. Ltd. …APPELLANT AND K. Srinivas Reddy and another. …RESPONDENTS Counsel for the Appellant: MR. K.S.N. MURTHY Counsel for the Respondent No.1: MR. T. DAMODAR The Court made the following: - JUDGMENT: This appeal is by the insurance company, which was figuring as second respondent in the claim petition O.P.No.594 of 2001 before the Motor Accidents Claims Tribunal – cum – VI Additional District Judge, Mahbubnagar. 2. This appeal arises out of the very same accident, which was considered in MACMA.No.438 of 2007. The claim petition involved in this appeal relates to a child aged 5 years, studying in first class and said to be very brilliant. The compensation of Rs.1,00,000/- was sought for in the claim petition. Under the impugned award dated 11.09.2006, the tribunal below has awarded Rs.50,000/- towards pain and suffering an Rs.40,000/- towards loss of life and general damages, which is in question in this appeal at the instance of the insurance company. 3. Since all other aspects viz. evidence as well as the finding of the tribunal below with regard to rash and negligent driving by the driver of the offending vehicle are already considered in MACMA.No.438 of 2007, referred to above, and since identical evidence is subject matter of this claim petition also, the very same findings are not reiterated in this order. So far as the claim with respect to compensation is concerned, the tribunal below has not given any reasons as to why it has awarded the amount, as mentioned above, nor there is any reference to any precedent followed by the tribunal below in assessing the compensation relating to a child aged 5 years. 4. After hearing the learned counsel on either side, it is appropriate to follow the ratio of the decision of the Supreme Court in LATHA WADHWA v. STATE OF BIHAR[1]. Learned counsel for the respondents/claimants, on the contrary, has placed reliance upon NEW INDIA ASSURANCE CO. LTD v. SATENDER[2] to contend that in the aforesaid decision in LATHA WADHWA’s case the child, which perished in the accident was 9 years old and that the compensation of Rs.4,45,000/- towards compensation with 9% interest was interfered by the Supreme Court by reducing the compensation to Rs.1,80,000/- with interest at 7.5% per annum. 5. In LATHA WADHWA’s case (1 supra) for the children between the age group of 5 to 10, the compensation was directed to Rs.1,50,000/- to which conventional figure of Rs.50,000/- was added. Thus, the total amount, in each case falling in this category, as granted was Rs.2,00,000/-. In the decision in SATENDER’s case (2 supra) the Supreme Court reduced the compensation to Rs.1,80,000/-. Taking into consideration the aforesaid pronouncements and on facts of the present case, the tribunal having awarded aggregate amount of Rs.90,000/- towards compensation, I am not inclined to interfere with the award, as there is no appeal by the claimants, who might have sought appropriate enhancement in the light of the legal position, referred to above. The award, therefore, does not warrant any interference. As already directed by the tribunal, the appellant/insurance company shall pay the said amount to the claimants and shall be entitled to recover the same from the owner of the vehicle without necessity of filing a suit. However, the interest awarded at 7.5% per annum is scaled down to 6% per annum in terms of the decision of the Supreme Court in SARLA VERMA v. DELHI TRANSPORT CORPORATION [3] . The appeal is accordingly allowed in part to the extent of reducing interest from 7.5% per annum to 6% per annum. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J August 4, 2010 DSK [1] (2001) 8 SCC 197 [2] (2006) 13 SCC 60 [3] (2009) 6 SCC 121