B. K. SOMASEKHARA, J.

( 1 ) RESPONDENT No. 3, the insurer in M. A. T. O. P. No. 555 of 1988 on the file of the Motor Accidents Claims Tribunal, Khammam has filed this appeal challenging the award of the Tribunal dated 23-3-1990 awarding rs. 65,000/- by way of compensation in a claim petition under Sec. 110-A of the Motor Vehicles Act (for short the Act ) filed by the present Respondent no. 1 alleging negligence against the driver of the lorry bearing No. RNR 2309 which involved in the accident dated 25-3-1988 damaging the machinery and the foundry belonging to Respondent No. 1 herein. The Tribunal having found that the accident was due to the negligence of the driver, awarded compensation at Rs. 52,946/- towards damages to the machinery and the foundry; Rs. 12,000/- towards loss of earnings for six months at the rate of rs. 2,000/- per month and in all Rs. 65,000/- in addition to interest at 12% per annum from the date of the petition till the date of payment and costs. Aggrieved by that this appeal is filed wherein Mr. Kota Subba Rao, the learned counsel for the appellant has raised the following contentions: (1) The Tribunal was in error in not deducting l/3rd out of the value of

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