JUDGMENT :

1. This appeal is preferred by the claimant, challenging the award dated 09.10.2014 passed in M.V.O.P.No.646/2009 on the file of Motor Accidents Claims Tribunal-cum-IV Addl.District Judge, Nellore, (for short ‘the Tribunal’), wherein the Tribunal partly allowed the petition, awarded compensation of Rs.2,12,150/- 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. For the sake of convenience, the parties will be referred to as parties in the M.V.O.P.

3. As seen from the record, the petitioner filed the application U/s.166 of the Motor Vehicles Act, 1988 (for brevity “the Act”) claiming a compensation of Rs.8,00,000/- on account of the injuries and disability sustained by the petitioner in a motor vehicle accident that occurred on 06.10.2008.

4. The facts would show that the claimant was aged about 20 years at the time of accident and he was studying B.Tech second year course (EEE) in Lord Venkateswara Engineering College, Walajipet, Kanchipuram District, Tamilnadu State. On 06.10.2008 at about 04.20 p.m. when the claimant was waiting at bus stop with intent to go to Sankarapuram on left side of road near Engineering College, meanwhile rider of Hero Honda Splendour Motor Cycle bearing No.TN 21 AC 0628 was driven in a rash and negligent manner with high speed and dashed the petitioner from his behind, resulting the petitioner fell down and received grievous. The injured was shifted to Chengalpet Government Hospital, and further to Government Stanely Hospital, Chennai for better treatment. He was also treated at Ramachandra Hospital, Porur, and he was also shifted to CMC Hospital, Vellore, where he underwent surgery to his left leg and over his head. Due to head injury, he is unable to concentrate on his studies. He lost his memory and sustained permanent disability. A case in Cr.No.180/2008 of Pallur Police Station of Kanchipuram was registered against the 1st respondent.

5. Before the Tribunal, the 2nd respondent/Insurance Company, filed counter, while traversing the material averments with regard to manner of accident, rash and negligence on the part of the driver of the crime vehicle, nature of injuries, medical expenditure, alleged permanent disability, liability to pay compensation, and contended that the petitioner was negligent at the time of accident, and that the rider of the offending motor cycle did not possess valid driving license, and he is in drunken state and thereby violated the terms of the policy, and the claim is excessive.

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

1. Whether the pleaded accident occurred on account of the rash and negligent driving of the splendour motor cycle bearing No.TN 21 AC 0628 by its driver and whether it resulted injuries to the petitioner?

2. Whether the driver of the motor cycle bearing No.TN 21 AC 0628 was not having valid and effective driving license as on the material date of accident.

3. Whether the petitioner is entitled for compensation? If so, to what amount and from which of the respondents?

4. To what relief?

7. To substantiate his claim, the petitioner examined P.Ws-1 to 5 and got marked Exs.A-1 to A-14 and Exs.C-1 to C-3. On behalf of the 2nd respondent/Insurance Company, R.W-1 was examined, Exs.B-1 to B-5 were marked.

8. The Tribunal, taking into consideration the evidence of P.Ws-1 to 5, coupled with Exs.A-1 to A-14 and Exs.C-1 to C-3 held that the accident took place due to the negligent driving of the motor cycle rider, and further taking into consideration the evidence of P.Ws-1 to 5 corroborated by Exs.A-1 to A-14 and Exs.C-1 to C-3, awarded a compensation of Rs.2,12,150/- with interest @ 7.5% p.a. from the date of petition, till the date of deposit.

9. The contention of the appellant/claimant is that he is