JUDGMENT :

K. MANMADHA RAO, J.

1. This appeal is filed by the appellant-claimant under Section 173(1) of the Motor Vehicles Act, 1988 (for short “M.V. Act”) aggrieved by the order and decree, dated 02.12.2008, passed in M.V.O.P. No. 57 of 2006 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Kurnool (for short “the tribunal”).

2. For the sake of convenience, the parties have been referred to as arrayed before the Tribunal.

3. The claimant filed a petition under Section 166 (a) of the M.V. Act before the tribunal claiming compensation of Rs.1,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 30.05.2005 at about 10.00 P.M. near Alfa college on Allagadda-Kadapa Road, while he and other coolies were travelling in an auto bearing No. AP21-W-783 from Yerraguntla to Allagadda and when the auto reached Alfa College at Allagadda town, a mini lorry bearing No. AP21-U-4932 came in opposite direction from Allagadda side proceeding towards Kadapa side, the driver of the vehicle drove it in a rash and negligent manner and dashed the auto, due to which, the petitioner received grievous injuries and immediately he was shifted t