JUDGMENT :

This appeal is preferred by the Appellant/claimant, challenging the award dated 25.11.2015 passed in M.V.O.P.No.760/2010 on the file of Motor Accidents Claims Tribunal-cum-VII Addl.District Judge, West Godavari, Eluru, wherein the Tribunal while partly allowing the petition, awarded compensation of Rs.20,000/-with interest @ 6% p.a. from the date of petition, till the date of realisation to the petitioner, for the injuries sustained by him in a motor vehicle accident.

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

3. As seen from the record, originally the petitioners filed an application U/s.166 of Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.3,00,000/- on account of the injuries sustained by the petitioner in a motor vehicle accident that occurred on 02.12.2009.

4. The facts show that the petitioner on 02.12.2009 went to Pathamuparru Center and waited there to board a bus to go to Pragadavaram to the hostel, where his son is studying to give money. At that time, he saw a person going on TVS moped and asked him to drop at Pragadavaram, and accordingly, while they were proceeding on the extreme left side of road by observing traffic rules, and on their reaching near Ankannagudem Center, Pragadavaram, one APSRTC bus bearing No. AP 11Z 972 driven by the 1st respondent/driver in a rash and negligent manner, without following traffic rules and without blowing horn, dashed against the TVS Moped, and as a result, the rider of TVS Moped and petitioner fell down on road, and he sustained severe injuries over his right thigh. Immediately he was shifted to Government Hospital, Chintalapudi, where an operation was conducted to his right thigh and was treated as an in-patient. The accident was occurred only due to rash and negligent driving of APSRTC bus by the 1st respondent/driver. A case in Cr.No.207/2009 was registered by Chintalapudi Police Station against the 1st respondent/driver for the offence punishable U/secs.337, 338 of Indian Penal Code.

Due to the fracture of his right thigh sustained by him in the accident, he had to take bed rest for a period of four months and now also he is taking treatment as an out-patient. He spent more than Rs.25,000/-for treatment, tests, medicines, operation, special diet etc.

The loss caused to him due to fracture injury sustained by him in the accident is irreparable, and he is a coolie and he is the only bread earner of his entire family, and due to injury, he has lost his earning capacity.

5. Before, the Tribunal, the 2nd respondent/APSRTC filed written statement, while traversing the material averments with regard to proof of age, avocation, monthly earnings of the injured, manner of accident, rash and negligence on the part of the driver of the offending vehicle, liability to pay compensation, and contended that the accident occurred only due to rash and negligent driving of rider of the TVS Moped, who drove the same without observing the vehicle coming from the opposite direction, and without observing the ditches on the road, fell into ditch and thereby, both rider of TVS Moped as well as petitioner sustained injuries. The petition is bad for non-joinder of proper and necessary parties, as driver, owner and insurer of TVS Moped on which petitioner travelled as pillion rider is not arrayed as respondents. The 1st respondent/driver filed memo adopting the written statement filed by the 2nd respondent/APSRTC.

6. On the strength of the pleadings of both parties, the Tribunal framed the following issues:

1. Whether the petitioner sustained injuries in motor vehicle accident dated 02.12.2009 occurred due to rash and negligent driving of APSRTC Bus bearing No. AP 11Z 972 by its driver/respondent No.1 or it was due to rash and negligent driving of TVS Moped by its driver, whereon the petitioner is pillion rider as claimed by the respondents?

2. What was the age and income of the petitioner at the time of accident?

3. Whether th