The main legal point established is the determination of compensation under Section 166 of the Motor Vehicles Act, 1988, based on evidence of the accident cause, injuries sustained, and liability of the respondents.

JUDGMENT :

1. Aggrieved by the order passed by the Chairman, Motor Accident Claims Tribunal-cum-X Addl. District Judge, Visakhapatnam at Anakapalle, whereby the Tribunal awarded an amount of Rs.2,00,000/- towards compensation to the claimant as against the claim of Rs.4,50,000/-, this instant appeal is preferred by the claimant for enhancement of compensation.

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

3. The claimant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 read with Rule 455 of the A.P.M.V. Rules, 1989 against the respondents praying the Tribunal to award an amount of Rs.4,50,000/- towards compensation for the injuries sustained by him in a motor vehicle accident that occurred on 27.04.2007.

4. Facts germane to dispose of the appeal may briefly be stated as follows:

On 27.04.2007 the claimant was going home on a bicycle and when he reached near Bhavani Talkies Junction on N.H.5 road, Kasimkota village, a van bearing registration No.AP 16TW 8332 being driven by its driver in a rash and negligent manner without blowing horn came from Tallapalem towards Visakhapatnam and dashed against the bicycle of the claimant, as a result, the claimant fell down and sustained grievous injuries. The police, Kasimkota P.S. registered a case in crime No.60 of 2007 for the offence under Section 337 of IPC and after completion of investigation, they laid a charge sheet against the driver of the offending van. The 1st respondent being owner and the 2nd respondent being insurer of the offending van are jointly and severally liable to pay compensation to the claimant.

5. The 1st respondent was set ex parte.

6. The 2nd respondent/Insurance company filed a counter by denying the manner of accident. It is pleaded that the accident occurred due to gross negligence of the claimant, but not due to the negligence of the driver of the offending van and the driver of the offending van was not holding valid driving licence at the time of accident, as such, the Insurance company is not liable to pay any compensation.

7. Based on the above pleadings, the Tribunal settled the following issues for trial:

1. Whether the petitioner sustained injuries in motor accident on 27.04.2007 due to rash and negligent driving of van bearing No.AP 16TW 8332 by its driver as pleaded by petitioner?

2. Whether the petitioner is entitled for compensation, if so, what amount and from which of the respondents?

3. To what relief?

8. During the course of enquiry in the claim petition, on behalf of the claimant, P.Ws.1 and 2 were examined and Exs.A.1 to A.16 and Exs.X.1 and X.2 were marked. On behalf of the 2nd respondent, no oral or documentary evidence was adduced.

9. At the culmination of the enquiry, after considering the evidence on record and on appreciation of the same, the Tribunal came to the conclusion that the accident occurred because of rash and negligent driving of the driver of the offending van of the 1st respondent and accordingly, allowed the petition in part granting an amount of Rs.2,00,000/- towards compensation to the claimant with proportionate costs and interest at 7.5% p.a. from the date of petition till the date of payment by both the respondents. Being aggrieved by the impugned award, the claimant preferred the instant appeal for enhancement of compensation.

10. Heard learned counsels for both the parties and perused the record.

11. The grounds urged by the appellant/claimant are that the Tribunal failed to consider the medical bills in proper perspective and the Tribunal awarded meager compensation of Rs.2,00,000/- as against the claim of Rs.4,50,000/-.

12. Now, the points for determination are:

1) Whether the claimant is entitled enhancement of compensation as prayed for? and

2) Whether the order passed by the Tribunal needs any interference?

13. POINT Nos.1 and 2 : The claim petition is filed under Section 166 of the Motor Vehicles Act, 1988