Apsrtc, vs Chittigorla Mangamma
2022 Latest Caselaw 279 Tel

          THE HONOURABLE JUSTICE G. SRI DEVI

                   M.A.C.M.A. No.3299 of 2008

JUDGMENT :

This appeal is filed by the State Road Transport Corporation,

aggrieved of the order and decree dated 06.07.2005 in O.P.No.1043 of

2003 on the file of Chairman, Motor Accidents Claims Tribunal-cum-

V Additional District and Sessions Judge, Nalgonda at Miryalguda.

2. On 01.11.2002, due to the rash and negligent driving of Bus

bearing No.AP-09-Z-4524 by its driver, it dashed against the cyclist,

due to which, he fell down and sustained multiple and severe injuries

and immediately he was shifted to Government Hospital, Miryalguda,

where the Doctors examined and declared dead. Petitioner No.1 is

the wife and petitioner No.2 is the mother of deceased.

3. The Tribunal, on examining the oral evidence of PWs.1 and 2

and documentary evidence in Exs.A-1 to A-6, allowed the O.P.,

awarding a total compensation of Rs.2,50,600/- along with costs and

interest @ 9% per annum from the date of petition till the date of

realization, to be deposited within two months from the date of said

order. Aggrieved thereby, the appellant-Corporation has filed this

appeal.

4. Heard both sides and perused the record.

5. The only point raised by the learned counsel for the appellant is

with regard to the rate of interest. The Tribunal has wrongly applied

the rate of interest @ 9% per annum instead of 7.5% per annum.

Accordingly, prayed for setting aside the impugned order in the O.P.

6. On a perusal of the material on record, the order and decree of

the Tribunal, I am of the considered view that the Tribunal has rightly

passed the award granting interest @ 9% per annum, which was

prevailing at relevant point of time. I do not find any illegality or

infirmity in the impugned order and decree, warranting interference

by this Court.

7. The appeal is devoid of merit and it is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand closed.

____________________ JUSTICE G.SRI DEVI Date: 27.01.2022

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