Disability to part of body cannot be treated as disability to whole body.

JUDGMENT

1. The appellant is second respondent in M.V.O.P.No.594 of 2007 on the file of the Motor Vehicles Accidents Claims Tribunal (V Additional District Judge), Ananthapur, and the respondents are the petitioner and R1 in the said case.

2. Both the parties in the appeal will be referred to as they are arrayed in claim application.

3. The petitioner filed a Claim Petition under Sec. 140 and 166 of Motor Vehicles Act against the respondents, praying the Tribunal to award an amount of Rs.3,00,000.00 towards compensation on account of injuries received by him in a Motor Vehicle Accident occurred on 18/6/2007 at 1.00 PM.

4. The case of the petitioner is that on 18/6/2007 at about 1.00 p.m. the petitioner was travelling in auto bearing No.AP 02 W 5914 along with his groundnut bags to go to Suddakuntapalli and when the auto reached at KM 10/4 on Ramagiri - N.S. Gate road, the driver of the auto drove the same in a rash and negligent manner, resulting which, the auto turned turtle, as a result of which, the petitioner sustained grievous injuries and the petitioner claimed an amount of Rs.3,00,000.00 towards compensation.

5. The respondents 1 and 2 filed counters denying the claim application and contended that the claimant is not entitled any compensation and they are not liable to pay any compensation to the petitioner.

6. Based on the above pleadings, the Tribunal framed the following issues:

i. Whether the accident occurred due to the rash and negligent act of the driver of the Auto bearing No.AP 02 W 5914 and caused injuries to the petitioner or not?

ii. Whether the petitioner is entitled to any compensation? If so, to what amount and from which of the respondent?

iii. To what relief?

7. On behalf of the petitioner, the petitioner himself was examined as PW1 and the doctor, who treated the petitioner was examined as PW2 and got marked Ex.A1 to Ex.A9. On behalf of respondents no oral evidence was adduced, however, Ex.B1 was marked.

8. After considering the evidence on record, the Tribunal has given a finding that the accident occurred due to involvement of the offending vehicle in the said accident and the petitioner has received grievous injuries due to the negligent act of the driver of auto and the Tribunal granted an amount of Rs.1,40,000.00 to the claimant towards compensation.

9. Aggrieved by the same, the second respondent/ Insurance Company filed the present appeal.

10. Now, the points for consideration are:

1) Whether the accident occurred due to rash and negligent driving of the driver of auto bearing No.AP 02 W 5914 and caused injuries to the petitioner?

2) Whether the Order of Tribunal needs any interference?

11. POINT No.1:-

In order the prove the case of the claimant, so also in order to prove the manner of the accident, the claimant himself was examined as PW1 and his evidence goes to show that he was boarded the auto bearing No.AP02 W 5914 at Ramagiri to go to Suddakuntapalli, along with groundnut bags on 18/6/2007, when the auto reached at KM 10/4 on Ramagiri - N.S.Gate road, the driver of the auto drove the same in a rash and negligent manner and on account of that the auto turned turtle on the road and he received injuries. PW1 is the best person to speak about the accident and so also about the manner of the accident, he is the injured person in this case. Ex.A1 attested copy of FIR, Ex.A3 attested copy of charge sheet coupled with the evidence of PW1 clearly goes to show that the accident was occurred due to rash and negligent driving of the driver of auto and caused injuries to the petitioner. On consideration of entire evidence on record, the Tribunal came to conclusion that the accident occurred due to rash and negligent driving of the driver of auto. Therefore, there is no need to interfere with the finding, given by the learned Tribunal.

12. POINT No.2:

As far as the evidence of PW1, he received grievous injury in the accident and immediately after the accident, he was shifted to Government General Hospital, Dharmavar