JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. Aggrieved by the Judgment dated 11.03.2008 in MVOP No. 1147 of 2005 passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, East Godavari District at Amalapuram (for short ‘the Tribunal’) the claimant has preferred this appeal for not fastening the liability on the 3rd respondent/insurance company.

2. For convenience, the parties will be referred to as arrayed in the MVOP.

3. The petitioner filed a claim under Sections 163-A and 166 of the Motor Vehicles Act, 1988, for compensation of Rs.2,00,000/- for the injuries sustained by him in a motor vehicle accident.

4. The claimant’s case is that on 17.04.2004, the petitioner and two others went to Panasaladoddi to weigh and load paddy in the trailer. After completing the loading, the petitioner and Narma Bapanna Sai sat on the load in the trailer bearing No. AP5U428 attached to the tractor bearing No. AP5U427 (hereinafter referred to as ‘offending vehicle). The 1st respondent had driven the tractor rashly and negligently and it overturned due to such driving. The petitioner and Bapanna fell, and the paddy load fell on them. The petitioner had suffered a fracture to his s