Gudiseva Shyam Prasad, J.

This Motor Accidents Civil Miscellaneous Appeal is arising out of the order dated 17.09.2009 in O.P.No.1015 of 2005 on the file of Chairman, Motor Accidents Claims Tribunal (IV Additional District Judge) (Fast Track Court) at Khammam (for short, Tribunal).

2. This is an appeal filed by National Insurance Company Limited, the second respondent in OP.No.1015 of 2005. The said OP was filed by the injured, claiming compensation of Rs. 4,00,000/- on account of injuries sustained by him in a motor accident occurred on 03.12.2004.

3. For the sake of convenience, the parties shall be referred to as they are arrayed before the Tribunal.

4. The brief facts of the case are that on 03.12.2004, the petitioner, along with his family members, went to Arempula Darga in an auto bearing No.AP20W 0100. After completion of function, at about 5.30 pm., while they were returning in the same auto, the driver of the auto driven the auto in a rash and negligent manner and dashed the tractor bearing registration No.AP20V 8411/8412, as a result of which, the petitioner sustained fracture of left hand both bones, fracture 1/3rd at lower, 1/3rd of left femur, fracture of 1/3rd le