IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Miscellaneous Appeal No.1514 of 2003 Between: The New India Assurance Co. Ltd., represented by its Divisional Manager, Visakhapatnam .. Appellant AND Karri Satish and another .. Respondents JUDGMENT: The appeal is directed against the award in MOP.No.1532 of 2000 dated 6-1-2003 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Visakhapatnam. The only ground of challenge to the impugned award by the insurer is that the compensation of Rs.50,000/- granted under no fault liability under Section 140 of the Motor Vehicles Act,1988 was not given credit to while passing the award under Section 166 of the Act. Though the appeal is dismissed for default against the 3rd respondent-owner of the offending vehicle on 28-01-2010, the same has no bearing on the maintainability of the request to deduct no fault liability compensation. Heard the learned counsel for both parties. A perusal of the impugned award shows that the Tribunal awarded Rs.50,000/- towards no fault liability and Rs.80,000/- towards fault liability and the Tribunal awarded the total compensation of both no fault liability and fault liability. The proviso to sub-section 5 of Section 140 of the Motor Vehicles Act 1988 itself mandates that the amount of compensation to be given under any other law for the time being in force shall be reduced from the amount of compensation payable under Section 140 of the Act. Therefore, the no fault liability compensation has to be reduced from the total compensation of Rs.1,30,000/-. In the result, the award dated 6-1-12003 in MOP.No.1532 of 2003 on the file of the Chairman, Motor Accidents Claims Tribunal- cum-I Additional District Judge, Visakhapatnam, is modified by reducing the compensation to Rs.80,000/- (Rupees eighty thousand only) with interest thereon at 9% p.a. from the date of petition till the date of payment or deposit with proportionate costs and the said compensation shall be shared by the claimants equally. The appeal is allowed accordingly without costs. _____________________ G. BHAVANI PRASAD, J Date: 01-02-2011 Ksn