JUDGMENT :

The appellant is the third respondent in M.V.O.P.No.788 of 2007 on the file of the Motor Accident Claims Tribunal-cum-IV Additional District Judge, East Godavari, Kakinada and the respondents are the petitioner and respondents 1 and 2 in the said case.

2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.

3. The claimant filed a Claim Petition under section 166 of Motor Vehicles Act, 1988 read with Rule 455 of Motor Vehicles Rules, 1989 against the respondents praying the Tribunal to award an amount of Rs.1,00,000/- towards compensation for the injuries sustained by him in a Motor Vehicle Accident occurred on 19.10.2004.

4. The brief averments of the petition are as follows :

On 19.10.2004, the petitioner took his daughter Mangatayaru to a hospital at Kakinada on his cycle, while they were returning and when they reached Rayudupalem centre at 3.00 p.m., the driver of auto bearing No. AP 5Y 7453 coming from Pithapuram towards Kakinada, came in a rash and negligent manner without blowing horn and with high speed, dashed the cycle of the petitioner, resulting which the petitioner sustained fracture injur