JUDGMENT :

The appeal in MACMA No.1002/2018 is preferred by the 1st respondent/APSRTC challenging the award dated 30.12.2016 passed in M.V.O.P.No.160/2015 on the file of Motor Accidents Claims Tribunal-cum-II Addl. District Judge, Guntur, wherein the Tribunal partly allowing the petition, awarded a compensation of Rs.2,12,453/-with interest @ 7.5% p.a. from the date of petition, till the date of realisation, for the injuries sustained by him in a motor vehicle accident.

2. The appeal in MACMA No.280/2021 is preferred by the claimant/petitioner, challenging the award dated 30.12.2016 passed in M.V.O.P.No.160/2015 on the file of Motor Accidents Claims Tribunal-cum-II Addl.District Judge, Guntur, wherein the Tribunal partly allowing the petition, awarded a compensation of Rs.2,12,453/-with interest @ 7.5% p.a. from the date of petition, till the date of realisation, for the injuries sustained by him in a motor vehicle accident.

3. For the sake of convenience, the parties are arrayed as parties before the tribunal.

4. As seen from the record, the claim petition was filed U/s.166 of the Motor Vehicles Act, 1988 (for brevity “the Act”) claiming a compensation of Rs.3,50,000/-on account of the injuries sustained by the petitioner, in a motor vehicle accident that occurred on 04.01.2015.

5. The facts show that on 04.01.2015 at about 10.30 p.m. while the petitioner was going on his auto bearing No.AP 07 TD 0298, 2nd respondent being the driver of APSRTC Bus bearing No.AP 28Z 516, drove the same in a rash and negligent manner, coming from opposite direction, came extreme side, and hit the auto near Ring Road Center, Macherla, Guntur District, and as a result, the said auto was badly damaged, and the petitioner sustained injuries. The petitioner was shifted to Government Hospital, Macherla, and the matter was reported to police, and SHO, Macherla Town P.S. registered the same as Cr.No.3/2015 U/s.337 of Indian Penal Code. The petitioner was earning Rs.10,000/-per month.

As the condition of petitioner was critical, he was referred to Government General Hospital, Guntur. But the petitioner was brought to Katuri Medical College & Hospital, Guntur, where he was treated as in-patient from 05.01.2015 to 20.01.2015 and he underwent operation to his right thigh and drained out the clotted blood and pus by a procedure like incision and drainage on 12.01.2015 and he was given conservative line of treatment so far as other fracture injuries are concerned. Despite long treatment, his both hip joint movements are badly restricted and his right thigh portion became irregular in shape due to degloving injury. The petitioner is aged 30 years and suffered permanent disability. The petitioner is an auto driver and he became unfit for the above said work due to disability caused in the accident. The petitioner spent more than Rs.50,000/-for his treatment, and he has to spend huge amount for his future treatment. The petitioner lost his earning power in addition to the mental agony and suffering due to disability caused in the accident.

6. Before the Tribunal, the 1st respondent/APSRTC, filed a written statement 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 offending vehicle, liability to pay compensation, and contended that there is no rash and negligence on the part of driver of APSRTC Bus bearing No.AP 28Z 516 at the time of accident. The accident occurred only due to rash, negligent and confusing state of mind of driver of auto bearing No.AP 07 TD 0298 i.e., the petitioner himself, who has not observed the traffic rules and regulations. The alleged accident occurred only due to head on collision of both the vehicles and contributory negligence of the petitioner. The petition is bad for non-joinder of prope