JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 23.07.2013 made in M.C.O.P.No.350 of 2013 on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Krishnagiri.)

(The matter is heard through “Video Conferencing/Hybrid mode”.)

1. This Civil Miscellaneous Appeal has been filed against the award dated 23.07.2013 made in M.C.O.P.No.350 of 2013 on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Krishnagiri.

2. The appellant is the 3rd respondent in M.C.O.P.No.350 of 2013 on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Krishnagiri. The 1st respondent filed the said claim petition claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained by him in the accident that took place on 12.07.2005.

3. According to 1st respondent, on 12.07.2005 at about 02.00 P.M., while he was walking on the left side of the road (new road) near Vasa Road, the driver of the auto bearing Registration No.KA 05 C 4771 belonging to 3rd respondent drove the same in a rash, reckless and negligent manner and hit on the 1st respondent and the auto got capsized on the new road and caused the accident. In the accident, the 1st respondent sustained injuries on his left leg and head. Immediately after the accident, the 1st respondent was taken to St.Johns Medical College Hospital, Bangalore and then he was referred to Abhaya Hospital, Bangalore, where he has taken treatment as inpatient from 12.07.2005 to 05.08.2005. Thereafter he has taken treatment as inpatient at Ashok Hospital, Hosur from 05.08.2005 to 20.09.2005 and again from 22.06.2006 to 29.06.2006. Further, the 1st respondent has taken treatment till filing of the claim petition. Therefore, he filed the said claim petition claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained by him against the respondents 2, 3 and appellant-Insurance Company, being the driver, owner and insurer of the Auto respectively.

4. The respondents 2 & 3, being the driver and owner of the Auto remained exparte before the Tribunal.

5. The appellant-Insurance Company, being the insurer of the Auto filed counter statement and denied all the averments made by the 1st respondent. According to appellant, the accident occurred on 12.07.2005 at 02.00 P.M., involving the Auto belonging to 3rd respondent in Vasa Road between Athipalli to Bangalore, but the 1st respondent claims that he walked on the left side of the road, whereas in the F.I.R., it reveals that he traveled in the said Auto at the time of accident. Hence, the appellant denied the fact that the 1st respondent sustained injuries in the accident. The 2nd respondent-driver of the Auto was not possessing valid driving license at the time of accident. The appellant denied the age, avocation, income, alleged injuries, period of treatment taken and the medical expenses incurred by the 1st respondent. In any event, the quantum of compensation claimed by the 1st respondent is excessive and prayed for dismissal of the claim petition.

6. Before the Tribunal, the 1st respondent examined himself as P.W.1, Dr.M.Devendran was examined as P.W.2 and 13 documents were marked as Exs.P1 to P13. The appellant-Insurance Company examined one Panneer Selvam, Administrative Officer as R.W.1 and the Insurance Policy was marked as Ex.R1.

7. The Tribunal considering the pleadings, oral and documentary evidence held that the accident occurred due to rash and negligent driving by the driver of the Auto belonging to 3rd respondent and directed the appellant-Insurance Company to pay a sum of Rs.8,38,600/- as compensation to the 1st respondent at the first instance and recover the same from the 3rd respondent.

8. To set aside the said award dated 23.07.2013 made in M.C.O.P.No.350 of 2013, the appellant has come out with the present appeal.

9. Though the appellant-Insurance Company has raised various grounds with regard to quantum o