This appeal is filed by New India Assurance Company Limited, challenging the order dated 13.12.2005 passed in O.P.No.796 of 2001 by the Motor Accidents Claims Tribunal – cum – III Additional Chief Judge, City Civil Court, Hyderabad (‘the Tribunal’, for brevity).

The appellant herein is the second respondent and the first respondent herein is the claimant and the second respondent herein is the owner of the offending vehicle. For the sake of convenience, the parties will be hereinafter referred to as per their array before the Tribunal.

The brief facts of the case are as follows:-

At about midnight on 15.08.2000, the claimant was proceeding to his native place – Kavali from Allagadda in the offending Lorry bearing registration No.TN-09-D-9869 along with his luggage consisting of cooking vessels, stove, cylinder, suitcase, bed etc., after paying luggage charges of Rs.300/-. When the offending lorry reached Rangaram village, Mydukur Mandal on National High Way No.18, the driver of the lorry drove the same in rash and negligent manner and at high speed and thereby lost control over the vehicle and dashed against a stationed lorry near a Dhaba at 01:30 PM. Due to the said accident, the cleaner and the claimant received grievious injuries. They were immediately shifted to Community Health Centre, Proddutur, where the cleaner succumbed to the injuries. Immediately, the petitioner was shifted to Apollo Hospital, Hyderabad for better treatment, wherein he was treated as In-patient for 13 days, i.e., from 16.08.2000 to 28.08.2000. The doctors advised the claimant for periodical check-up. In December, 2000, when the claimant approached Aravind Eye Hospital, Madhurai for treatment to his right eye CFCF-Keratoplasty, the Chief Medical Officer of the said hospital examined the claimant and certified that there is only 10% chance of success in restoring vision to his right eye and further certified that there is no chance for recovery of vision to his left eye. Contending that he was aged 33 years and hale and healthy as on the date of accident; that he was working as an Automobile Engineer with M/s. Priyadarshini Cements Limited, Unit-II, Sripuram, Kurnool and was earning Rs.7,400/- per month; that the accident resulted in his permanently disability and that the hopes and aspirations of his family members who are depending on him were badly affected, the claimant filed a claim petition before the Tribunal claiming a total compensation of Rs.10,00,000/-.

The first respondent – owner of the offending vehicle remained ex parte. The second respondent – Insurance Company contested the matter and filed counter mainly contending that the driver of the offending lorry was not having valid and effective driving licence to the drive the offending vehicle and that the petitioner himself contributed to the accident. The second respondent also filed additional counter contending that as per the FIR, the driver and the cleaner of the offending lorry left Hyderabad on 14.08.2000 and the lorry was empty and while they were on the way to Allagadda town, the claimant stopped the vehicle and requested the driver to take him to Mydukur and thus, the claimant was an unauthorised passenger.

The Tribunal settled the following issues for trial:-

1. Whether the accident dated 15.08.2000 in which the petitioner received injuries was due to rash and negligent driving of the driver of the Mini Lorry bearing No.TN-09-D-9869?

2. Whether the petitioner is entitled for compensation? If so, to what amount?

3. To what relief?

On behalf of the claimant, the claimant himself was examined as P.W.1 and P.Ws.2 to 8 were examined and Exs.A.1 to A.27 were marked. On behalf of the respondents, one Atmaram Chaitanya was examined as R.W.1 and Ex.B.1 – Copy of Insurance Policy was marked. Exs.X.1 to X.6 were also marked.

On the issue of negligence, the Tribunal, on appreciation of evidence available on record, came to the conclusion that the accident occurred due to the rash