JUDGMENT :

This appeal is preferred by the Oriental Insurance Company challenging the award dated 09.01.2017 passed in M.V.O.P.No.158/2014 on the file of Motor Accidents Claims Tribunal-cum-I Addl.District Judge, Ananthapuramu, wherein the Tribunal while partly allowing the petition, awarded compensation of Rs.2,36,000/- with interest @ 7.5% P.A. from the date of petition, till the date of deposit for the injuries sustained by the petitioner.

2. For the sake of convenience, the parties are arrayed as parties in the lower Court.

3. As seen from the record, originally the petitioner filed an application U/s.140 and 166 of Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.5,00,000/- on account of the injuries sustained by the petitioner, in a motor vehicle accident occurred on 21.02.2013 at about 07.00 p.m. while the injured was returning on his motor cycle No.AP 02J 5652, by the offending auto bearing No.AP 04X 6620 belonging to the 1st respondent, which met with an accident at Musalamma Katta on Ananthapuram to Tadipatri Road.

4. The facts show that 21.02.2013 at 07.00 p.m. while the petitioner, who was searching for a job, returning from Ananthapuram to Julakalva on his motor cycle bearing No.AP 02J 5652 and when he reached near Musalamma Katta on Ananthapuram to Tadipatri Road, at that time auto bearing No.AP 04X 6620 came from opposite direction, in a rash and negligent manner and dashed against the motor cycle of the petitioner, as a result of which, he fell down on the road and sustained fracture of right femur, right fibula, right end metacarpal and hell flap avulsion etc and he was shifted to Government General Hospital, Ananthapuram, where he was operated for his fracture injuries by inserting steel plates and screws. An amount of Rs.2,50,000/- was incurred by the petitioner towards medical, travelling and other expenses. Due to the said accident, the petitioner became permanent disabled person and lost job opportunity and also lost better prospects of life. In this regard, a case in Cr.No.46/2013 U/secs.337 and 338 of Indian Penal Code was registered against the driver of the said auto.

5. Before the Tribunal, the appellant, who is the 3rd respondent in the petition, filed counter resisting while traversing the material averments with regard to proof of age, avocation, monthly earnings of the petitioner, manner of accident, rash and negligence on the part of the driver of the crime auto, nature of injuries, medical expenditure, permanent disability and liability to pay compensation to the petitioner and contended that the petitioner without having any valid driving license, drove the motor cycle at high speed, without observing the opposite vehicle movements and he himself dashed against the auto and thus, there is contributory negligence on the part of the petitioner. The driver of auto No.AP 04 X 6620 was not holding driving licence which is against the policy conditions, as such, the 3rd respondent is not liable to pay any compensation to the petitioner. The petition is bad for non-joinder of necessary parties i.e., insurer of motor cycle. The 3rd respondent company issued policy to cover risk from 22.02.2013 to 21.02.2014 and as per record the said accident was occurred on 21.02.20213. Thus, as on the date of accident, the policy was not in force, hence, petition is liable to be dismissed. The accident was occurred on 21.02.2013 but FIR was registered on 08.03.2013, as such, there was abnormal delay of 16 days in registering FIR, which shows that the petitioner foisted a false against the driver of the said auto for wrongful gain. In the additional counter, it is further contended that the offending auto No.AP 04 X 6620 has no valid and effective insurance coverage as on 21.02.2013 and as it is a fresh policy, the previous policy particulars of said auto are not furnished by the insured. The policy is covered from 22.02.2013 to 21.02.2014 mid night, though the premium amount of said auto was p