JUDGMENT :

1. This appeal is filed by the appellant-claimant, aggrieved by the Judgment and Decree dt.11.09.2007 passed in M.V.O.P.No.818 of 2005 on the file of Motor Accidents Claims Tribunal-cum-II Additional District Judge, Guntur (for short ‘the Tribunal’), wherein the learned Tribunal awarded an amount of Rs.15,000/- to the claimant with running interest @ 7.5% per annum with proportionate costs from the date of claim petition till realization against the respondents/Opponents jointly and severally, seeking enhancement of compensation awarded by the Tribunal.

2. For the sake of convenience, the parties are referred to as they are arrayed before the Motor Accidents Claims Tribunal.

3. The brief facts of the case are as follows:

a) On 15-05-2005 at about 7.00 a.m., the petitioner was proceeding to his village on foot. In the meanwhile, one tractor bearing No.AP 7 X 3372 driven by its driver in a rash and negligent manner at high speed, dashed the petitioner, as a result, the petitioner sustained fracture injury on his left leg and all over the body. Immediately he was shifted to the hospital for treatment. The matter was reported to the Police alleging that the accident took place as a result of the rash and negligent driving of the said offending tractor and based on the FIR lodged by the claimant, a case in Crime No.69 of 2005 under Section 338 IPC was registered and after investigation of the case, a chargesheet was submitted against the accused driver for having committed the offence under Section 338 IPC.

b) The claimant filed an application claiming compensation of Rs.1,00,000/- before the Claims Tribunal at Guntur on account of the injuries sustained by him in the road accident.

c) The 1st respondent who is the owner of the offending vehicle did not contest the matter.

d) The 2nd respondent/Insurance Company filed a written statement contending inter alia that the driver of the offending tractor bearing No.AP 7 X 3372 was not holding a valid driving licence at the time of the accident. It is further contended that the offending tractor was not holding a valid permit to ply on the road at the time of the accident. There was no rash and negligent driving by the driver of the offending vehicle at the time of the accident. It is further contended that the Insurance Company is not liable to pay the compensation.

e) Based on the above pleadings, the Claims Tribunal framed the following issues:

1) Whether the accident occurred due to rash and negligent driving of the driver of the tractor bearing No.AP 7 X 3372?

2) To what compensation the petitioner is entitled, and from whom?

3) To what relief?

f) During the trial, in order to establish his claim, the injured was examined as P.W.1 and the Doctor, who treated the injured was examined as P.W.2, and Exs.A.1 to A.3 and X.1 were marked on behalf of the petitioner/claimant. None were examined and no documents were marked on behalf of the respondents/Opponents.

g) On appreciation of the evidence of P.Ws.1 and 2, and placing the reliance on Exs.A.1 to A.3 and X.1 i.e., Certified Copy of FIR, Certified Copy of Wound Certificate, Certified Copy of Charge sheet, and Certified Copy of Case sheet respectively, the learned Tribunal came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the tractor bearing No.AP 7 X 3372 and passed the impugned award granting compensation of Rs.15,000/- with interest @ 7.5% per annum from the date of the petition till realization payable by the 1st and 2nd respondents jointly and severally.

h) Aggrieved by the award passed by the learned Tribunal, the petitioner/injured filed the instant appeal seeking enhancement of compensation.

4. Heard both sides and perused the record.

5. A perusal of the impugned judgment and Award would show that the Tribunal has framed Issue No.1 as to whether the accident had occurred due to ra