IMPORTANT POINT
The insurance company is fully liable for compensation in motor vehicle accidents, regardless of the policy's property damage limits.

JUDGMENT :

A.V. RAVINDRA BABU, J.

1. Challenge in this M.A.C.M.A. is to the award, dated 29.10.2014, in M.V.O.P. No. 385 of 2010, on the file of the Motor Accident Claims Tribunal (Special Judge for Trial of Cases under S.C. and S.T. (P.o.A.) Act-cum-Additional District and Sessions Judge, Vizianagaram (“Tribunal” for short), whereunder the Tribunal dealing with claim for compensation made by the claimant for a sum of Rs.20,00,000/- with regard to the injuries received by the petitioner/claimant, in a motor vehicle accident, which was occurred on 09.07.2009 at 07.30 p.m. awarded a sum of Rs.12,23,830/- as compensation and directed the Insurance Company/respondent No. 3 to deposit Rs.7,50,000/- and that the remaining amount of Rs.4,73,830/- is to be deposited by the respondent No. 2 who is the present appellant and who is no other than the owner of the offending vehicle.

2. The parties to this M.A.C.M.A. will hereinafter be referred to as described before the learned Tribunal for the sake of convenience.

3. The case of the claimant before the Tribunal, in brief, according to the averments set out in the Motor Vehicle accident claim, is that:

(i) On 09.07.2009, at 07.30 p.m. when the petitioner came from Vizianagaram towards Visakhapatnam on his motorcycle and when he reached near Modavalasa Road, one A.P.S.R.T.C. hired bus bearing No. AP 35 U 8989 (“offending vehicle” for short), driven by the respondent No. 1 in a rash and negligent manner, dashed against the petitioner. Petitioner received severe injuries and fell unconscious. He was shifted to Government Hospital, Vizianagaram. Later from there to Seven Hills Hospital, Visakhapatnam. He received fractures of ribs and head injury. He underwent operations and spent an amount of Rs.3,50,000/- towards operations charges. He also spent an amount of Rs.1,00,000/- in addition to amount paid by the Eco Railway. After discharge from Seven Hills Hospital, the petitioner/claimant was sent to Railway Hospital, Visakhapatnam. Two persons always attended the petitioner. The petitioner/claimant became permanently disabled and mentally unsound, due to the injuries sustained in the accident. The Head, Legs and Ribs cannot be cured in near future. His entire life became marred and the petitioner is unable to move or walk or stand. He is still bed-ridden.

(ii) The petitioner/claimant is being represented by his wife, who is guardian and next friend, as he is unsound. Entire family members of the petitioner are dependent on the earnings of the petitioner only. They became destitute and suffered lot of financial problems and unable to meet the medical expenses even. Due to permanent disablement, the petitioner was compulsorily retired from the services on medical grounds and the petitioner became senseless and living dead. The petitioner also lost his two eyes in the accident. Hence, the claim of Rs.20,00,000/-.

4........

(i) Respondent Nos.1 and 2, who are the driver and owner of the offending vehicle, remained ex-parte.

(ii) Respondent No. 3/Insurance Company and respondent Nos. 4 to 6, who are A.P.S.R.T.C. officials contested the matter.

(iii) The contention of the respondent No. 3/Insurance Company in brief is that the petitioner has to prove the manner of the accident and nature of the injuries and expenditure incurred. A.P.S.R.T.C. alone is liable to pay the compensation.

(iv) The contentions of the respondent No. 3 further according to the additional counter is that the employer of the petitioner provided necessary food and the expenses regarding the treatment. The wife of the petitioner cannot represent the petitioner and that compensation claimed is excessive.

(v) Respondent Nos. 4 to 6 got filed a counter denying the cause set out by the petitioner and contended in substance that the claimant has to prove the nature of the injuries and entitlement of compensation.

5. Basing on the above pleadings, the Tribunal settled the following issue for trial:

(1) Whether the accident was occurred due to the ra