The court emphasized the need for just and reasonable compensation, considering loss of future earnings, medical expenses, loss of amenities, loss of earnings during treatment, transportation, attendant charges, extra nourishment, and pain & suffering.

JUDGMENT :

1. Both the appeals, one by petitioner/claimant in M.A.C.M.A.No.2434 of 2007 and another by United India Insurance Company in M.A.C.M.A.No.1380 of 2009 have been filed against the judgment and award dated 02.07.2007 delivered by the Motor Accidents Claims Tribunal-cum-II Additional District Judge (Fast Track Court), Srikakulam (for short “the Tribunal”) in M.V.O.P.No.113 of 2003 granting compensation of Rs.3,49,668/- with interest @ 7.5% per annum thereon from the date of petition till realization against both the respondents jointly and severally.

2. Since these appeals are arising out of the same accident and raising common questions of law, they have been heard together and are being decided by this common judgment.

3 For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the Tribunal in the claim petition.

4. The factual context of the case, is as under:

(a) On 02.11.2000 at about 7.00 p.m., the injured travelling in a Van bearing No.AP 30 T 5704 to discharge his duties as a cleaner to go to Palakonda and when they reached near 69 km stone on Palakonda and Rajam Road, at about 9.00 p.m., the driver of the Van drove the same in a rash and negligent manner, without observing traffic Rules and without giving any signals to the other vehicles and dashed against the RTC Bus bearing No.AP 10 Z 3127, which was coming in the opposite direction, due to which, the said Van turned turtle and the cleaner(injured) and others, who were travelling in the said Van, sustained multiple grievous injuries. The injured sustained multiple grievous injuries on his both the legs, hands, head and on other parts of the body. Immediately, the injured was taken to Government Hospital, Palakonda for first aid and on the same day, he was shifted to CDR Hospital, Visakhapatnam, and got admitted in the hospital as an inpatient.

(b) Later, the matter was reported to the Police by the driver of the RTC Bus bearing No.AP 10 Z 3127 alleging that the accident took place as a result of the rash and negligent driving of the Van driven by its driver. Based on the report lodged by the driver of the RTC Bus, a case in Crime No.74 of 2000 of Palakonda Police Station was registered for the offence under Sections 337 and 338 IPC and FIR was issued and after investigation of the case, charge sheet was submitted to the Court by the Police against the accused-driver, for having committed the offence punishable under Sections 337 and 338 IPC.

(c) The injured-N.Sudhakar filed an application claiming compensation of Rs.5,00,000/-, before the Tribunal on account of the injuries sustained by him in the said road accident.

(d) The 1st respondent did not contest the matter.

(e) The 2nd respondent/Insurance Company filed a written statement denying the allegations made in the petition especially the manner of accident, nature of injuries, mode and period of treatment, the medical and other expenses, and permanent disability and the petitioner is put to strict proof of the same. It is further averred that the accident occurred due to the contributory negligence on the part of the driver of the RTC bus bearing No.AP 10 Z 3127. It is further averred that there is no negligence on the part of the driver of the Van bearing No.AP 30 T 5704, while denying the validity of the driving licence and the insurance policy that was in force at the time of accident and prayed for dismissal of the petition.

(f) In view of the pleadings of the parties, the Tribunal framed the following issues:

(1) Whether the accident occurred involving the Van bearing No.AP 30/T 5703, due to the rash and negligent driving of the said Van by its driver?

(2) Whether the petitioner sustained any disability and, if so, to what extent?

(3) Whether the petitioner is entitled to any compensation and, if so, to what amount and from whom?

(4) To what relief?

(g) In order t