The Branch Manager, Oriental Insurance Company Limited, Labbipet, Vijayawada, is appellant. Aggrieved by the award dated 29.1.2000 in O.P.No.767 of 1994 whereby and whereunder the Motor Accidents Claims Tribunal-cum-District Judge, Khammam, directed appellant and second respondent as well as Andhra Pradesh State Road Transport Corporation (APSRTC) jointly and severally pay a sum of Rs.49,000/- to first respondent, the present appeal is filed.

2. Brief fact of the matter is as follows.

First respondent herein (hereafter, claimant) went to Yerrupalem railway station on his Moped bearing NO.AAH 2111 on 29.5.1995. When he reached Anjaneya Swamy Temple at the outskirts of Banigendlapadu village, bus owned by third respondent dashed against him resulting in accident. Claimant statedly suffered fracture injuries on his right leg and injuries on right hand. He was taken to Government Hospital, Madhira. As there was no orthopaedic surgeon, he was treated in a private hospital and discharged after two months. He filed original petition claiming a sum of Rs.75,000/-.

3. During the enquiry, negligence on the part of driver of bus bearing NO.AP 16-U 5965 was proved. However insurer sought exo