The main legal point established is the need for just and reasonable compensation for personal injury, considering the claimant's circumstances and the gravity of the injuries sustained.

JUDGMENT:

This appeal has been preferred by the appellant/claimant against the judgment and award passed by the Motor Accidents Claims Tribunal-cum-III Additional District Judge (FTC), Kadapa (for short “the Tribunal”), dated 23.12.2005 in M.V.O.P.No.487 of 2003 by which the Tribunal has awarded compensation of Rs.55,000/- with interest @ 7.5% per annum from the date of the petition till realization against the 1st and 2nd respondents.

2. For the sake of convenience, the parties are referred to as they are arrayed before the Tribunal.

3. The brief facts of the case are that the petitioner/injured filed a claim petition before the Tribunal seeking compensation of Rs.1,50,000/- under the Motor Vehicles Act, 1988 for the injuries sustained by him in a road accident with the averments that he was the resident of Kondapeta of Chennur Mandal, that he was aged about 35 years, that he was doing finance business and was earning Rs.5,000/- per month. On 23.07.2002, when the petitioner was going towards Chagalamarri Village on a Suzuki motorcycle and reached near Chinthakunta tank, at about 8.30 a.m., a private bus bearing No.AP 04-T-6698 driven by its driver came in an opposite direction, without blowing horn and dashed against the motorcycle of the petitioner, as a result, he fell down and sustained fractures and other injuries all over the body. Immediately he was shifted to the Government Hospital, Proddatur for treatment and after discharge, he took treatment in a private hospital and also at bone setting centre at Puttur.

(ii) The matter was reported to the Police alleging that the accident took place as a result of rash and negligent driving of the said bus by its driver and based on the statement of the injured recorded by the Police, a case in Crime No.66 of 2002 was registered by Duvvur Police Station for the offence under Section 337 IPC. After investigation of the case, a charge sheet was submitted against the accused-driver for having committed the offence punishable under Sections 337 & 338 IPC read with Section 134 (a) & (b) read with Section 187 of the Motor Vehicles Act, 1988.

(iii) The 1st and 3rd respondents did not contest the matter.

(iv) The 2nd and 4th respondents filed a written statement denying the allegations made in the petition and the petitioner was put to strict proof that the accident occurred due to rash and negligent driving of the bus by its driver. It is contended inter alia that the petitioner has to prove that the driver of the bus and the rider of Suzuki motorcycle were having a valid driving licence at the time of the accident. It is further averred that the accident occurred due to the rash and negligent driving of the injured person and these respondents are not liable to pay the compensation. Further, it is averred that the amount claimed by the petitioner is excessive and prays to dismiss the petition.

(v) On the basis of the pleadings of the parties, the Tribunal framed the following issues:

(i) Whether the petitioner received injuries in a motor vehicle accident occurred on 23.07.2003 at 8.30 a.m., due to collision of a private Bus bearing No.AP 04-T-6698 of R.1 and Suzuki motorcycle of R.3 by its drivers?

(ii) Whether the petitioner is entitled for compensation, if so, to what amount?

(iii) To what relief?

(vi) During the trial, in order to establish his claim, the injured/claimant was examined himself as P.W.1 and the other two witnesses were examined as P.Ws.2 and 3 and got marked Exs.A.1 to A.9 i.e., Certified copies FIR, Wound Certificate, charge sheet, Calendar and judgment etc. The 1st and 3rd respondents neither led any evidence nor marked any documents on their behalf. No oral or documentary evidence was adduced on behalf of the 2nd and 4th respondents.

(vii) The Tribunal, after analyzing the entire evidence of P.Ws.1 to 3 and Exs.A.1 to A.9, came to the conclusion that the alleged accident