Andhra Pradesh State Road ... vs Pralayakaveri Valluramma 3 ...
2023 Latest Caselaw 2688 AP

     THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

                       M.A.C.M.A.No.834 of 2013


JUDGMENT:

This appeal is filed by the appellant/Andhra Pradesh State

Road Transport Corporation against the award passed in

MVOP.No.336 of 2011 on the file of the Motor Accident Claims

Tribunal -cum- II Additional District Judge, Ongole, whereby a sum

of Rs.3,70,000/- was awarded towards compensation with interest

thereon at 9% p.a. to the claimants.

2. Both the parties in the appeal will be referred to as they are arrayed

in the claim application.

3. The appellant herein opposed the said claim alleging that

there was no negligence on the part of the driver of APSRTC bus.

4. Upon considering the evidence on record and on appreciation

of the same, the Tribunal found that the accident occurred only due

to negligent driving of APSRTC bus and recorded the finding to that

effect. The Tribunal also after considering the evidence on record

relating to the earnings of the deceased awarded compensation of

Rs.3,70,000/- to the claimants.

 VGKRJ                                            MACMA 834 of 2013
Page 2 of 4                                      Dt:01.05.2023

5. Aggrieved thereby, the present appeal is preferred by the

Andhra Pradesh State Road Transport Corporation, who is the

second respondent in MVOP.No.336 of 2011, questioning the legal

validity of the impugned award.

6. Heard learned counsel for both the parties. At the time of

hearing, leaned counsel for appellant has confined his arguments

only to the interest of 9% awarded on the total compensation

awarded to the claimants. He would submit that the said finding of

the Tribunal is legally not sustainable and claimants are not entitled

interest of 9% p.a. on the total compensation awarded to the claim

petitioners.

7. Although the appeal has been filed on other grounds and as

noticed supra, the learned counsel for the appellant has confined his

arguments only to the interest of 9% awarded by the Tribunal.

Therefore, the only legal ground which requires to be considered in

this appeal is whether the interest of 9% awarded by the Tribunal on

total compensation of Rs.3,70,000/- from the date of petition till the

date of payment is legally sustainable or not.

 VGKRJ                                              MACMA 834 of 2013
Page 3 of 4                                        Dt:01.05.2023

8. As seen from the record, the interest of 9% was awarded by

the Tribunal from the date of filing of the petition till the date of

payment. In a decision of Sarla Verma and another Vs. Delhi

Road Transport Corporation and others1, it was held claimants

are entitled with interest @6% p.a. from the date of petition till the

date of realization. Here the date of accident is on 12.06.2011.

Therefore, on considering the facts of the case the interest of 9%

awarded by the Tribunal is excessive, that has to be scale down to

7.5%. Therefore, the claimants/ petitioners are entitled interest

@7.5% p.a. on Rs.3,70,000/- from the date of filing of petition till the

date of realization.

9. With the above observations, this appeal is partly allowed.

There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this appeal shall

stand closed.

________________________________ V.GOPALA KRISHNA RAO, J Dated: 01.05.2023.

sj


2009 ACJ 1298

 VGKRJ                                    MACMA 834 of 2013
Page 4 of 4                              Dt:01.05.2023

HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO

M.A.C.M.A.No.834 of 2013

01.05.2023

sj