The main legal point established in the judgment is the liability of the Insurance Company to pay compensation, the timing of the insurance policy's coverage, and the Court's power to enhance compensation under the benevolent provisions of the Motor Vehicles Act.

JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act (for short “the Act”) has been preferred by the appellant-United India Insurance Company Limited, challenging the Award dated 16.03.2004, in O.P.No.14 of 2001 delivered by the Motor Accidents Claims Tribunal-cum-District Judge, Nellore (for short “the Tribunal”), granting compensation of Rs.30,000/- along with interest @ 9% per annum, from the date of the petition till the date of realization, to the petitioner-injured against the 1st & 2nd respondents jointly and severally, on account of the injuries sustained by the injured in a road traffic accident that occurred at P.S.R. bus stand, Nellore Town.

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

3. Following note-worthy facts emerge from the record of appeal:

a) On 21.06.2000 at about 11.00 a.m., while the petitioner was proceeding to a flower stall after getting down the bus at P.S.R. bus stand, Nellore, a Car bearing No.AP 03 V 404 owned by the 1st respondent and insured with the 2nd respondent, being driven by its driver in a rash and negligent manner, dashed her behind as a result, she fell on the ground and the wheels of the Car ran over her right foot causing crush injury. The petitioner was shifted to Government Head Quarters Hospital, Nellore and from there to a private hospital for treatment. Due to the said crush injury, she became partially disabled. A complaint was lodged by the injured with the jurisdictional Police Station, Nellore, alleging that the accident took place as a result of rash and negligent driving of the driver of the offending vehicle bearing No.AP 03 V 404 and the same was registered as a case in Crime No.34 of 2000 for the offence under Section 338 IPC and issued FIR. After completion of the investigation of the case, a charge sheet was submitted by the Police against the accused-driver for having committed an offence punishable under Section 338 IPC before the learned II Additional Judicial Magistrate of First Class, Nellore. The claimant-Gandavarapu Rathnamma filed an application claiming compensation of a sum of Rs.50,000/-, on account of the injuries sustained by her in the said road traffic accident, against the respondents 1 and 2.

b) The 1st respondent, who is the owner of the offending vehicle, did not contest the matter.

c) The 2nd respondent-Insurance Company filed a counter denying the nature of the accident, age, income and avocation of the petitioner, coverage of the insurance policy and also medical expenses incurred and the nature of the injuries sustained by the petitioner and contending inter alia that the compensation claimed by the petitioner is too high and excessive. Therefore, it is prayed to dismiss the petition.

d) Based on the above pleadings, the Tribunal framed the following issues:

1) Whether the alleged accident occurred due to the rash and negligent driving of the vehicle bearing registration No.AP 03 V 404 by its driver?

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

3) To what relief?

e) During the trial, in order to establish her claim, the injured-claimant was examined herself as P.W.1 and got marked Exs.A.1 to A.3 i.e., Attested Xerox copies FIR, charge sheet and Wound Certificate of the petitioner. The owner-insured (1st respondent) of the offending vehicle neither led any evidence nor marked any documents. No evidence was adduced on behalf of the 2nd respondent. Ex.B.1-Insurance Policy was marked by the consent of Respondent No.2 before the Tribunal.

f) The Tribunal, after analyzing the entire evidence of P.W.1 and Exs.A.1 to A.3, and Ex.B1, came to the conclusion that the accident occurred due to the rash and negligent driving of the offending vehicle (Car) bearing No.AP 03 V 404 by its driver and passed the impugned Award