JUDGMENT :

The appellant is 3rd respondent/Insurance company and the respondents are claim petitioner and respondent Nos.1 & 2 in M.V.O.P.No.363 of 2010 on the file of the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Vizianagaram. The appellant filed the appeal questioning the legal validity of the order of the Tribunal.

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 claim petitioner filed a petition under Section 163-A of the Motor Vehicles Act, 1988 (for short ‘the Act’) claiming compensation of Rs.3,50,000/- for the injuries sustained by him in a road accident that took place on 06.06.2006.

4. The brief averments in the petition filed by the petitioner are as follows :

On 06.06.2006 the petitioner along with others were going to West Vipparu village near Tadepalligudem in West Godavari District to attend a function of his relatives in a Maruthi Omni Van bearing registration No.AP 31Q 2219 and when the van reached Venkayya canal bridge near Duvva village, N.H.5 road, Tanuku Mandal at about 11.30 p.m., the driver of the van drove the same in a rash and negligent manner