JUDGMENT :

1. This appeal is filed by the appellants/respondents 1 & 2 aggrieved by the Order and Decree dated 28.11.2003 passed in O.P.No.180 of 2003 by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-III Additional District Judge, Karimnagar (for short, the Tribunal).

2. For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the original petition.

3. The brief facts of the case are that on 25.07.2002 the petitioner went to Peddapally on his personal work. After completion of his work, he boarded an auto bearing No.AP-15-V-7742 along with other passengers at Peddapally. While so, at about 3.30 p.m., when the auto reached near Ooracheruvu Katta of Maredugonda Village, the driver, the 2nd respondent, drove the lorry bearing No.AP-9-T-7777 in a rash and negligent manner with high speed and hit the auto in opposite direction. As a result, the inmates of the auto including the petitioner received simple, grievous and fatal injuries and three persons died on the spot with multiple injuries. On a complaint, Police, Peddapally Police Station, registered a case in Crime No.151 of 2002. Thus, the accident occurred due to the rash and negligent driving of both the drivers of auto and lorry. In the accident, the petitioner received multiple injuries all over the body, fracture at base of first metacarpal of left hand and fracture of right wrist, sutures to lower lip and injuries on chest and sides of the body. Immediately, after the accident, the petitioner was shifted to Surya Nursing Home, Karimnagar, there he took treatment as inpatient from 25.07.2002 to 29.07.2002 and after the discharge also, he took treatment privately. The doctors advised him to take rest for 6 months. The petitioner incurred huge expenditure for treatment, medical and incidental expenses. By then the petitioner was aged 32 years and is an agriculturist, having Ac.8.00 of agriculture land, and earning Rs. 6,000/- per month. In the accident, the petitioner sustained disability and now he is unable to attend his work as usual. The respondents 1 & 2 are the owner & driver of the lorry bearing No.AP-9T-7777 and the respondents 3 & 4 are the owner and insurer of the auto bearing No.AP-15-V-7742. Hence, the petitioner filed the present claim petition claiming a compensation of Rs. 1,00,000/- payable by respondents 1 to 4, who are jointly and severally liable to pay the compensation.

4. Before the Tribunal, respondents 1 & 2 filed their counter denying the averments of the claim petition and contended that on 25.07.2002 at about 3.00 p.m., the 2nd respondent/driver of the lorry was transporting paddy load from Kunaram Village to Peddapalli. When he reached near Ooracheruvu Katta, situated at the outskirts of Maredgona Village, the 2nd respondent stopped his lorry towards complete left side of the road to answer calls of nature, at that time once auto rickshaw bearing No.AP-15-V-7742 came in opposite direction in a rash and negligent manner with high speed, being driven by one Reddy Sadaiah and the said auto went out of his control and hit the right side rear wheel of parked lorry and turned turtle. As a result, the driver of the auto and other passengers have received fatal, grievous and simple injuries and there is no negligence on the part of the 2nd respondent/lorry driver. It is further contended that the photographs of scene of offence and panchanama and sketch map clearly show the negligence and rashness of auto driver, who died in the accident later on. The Police, Peddapalli Police Station, registered the case against both the drivers in Crime No.151 of 2002 alleging that the driver of auto rickshaw and the driver of the lorry, both are equally responsible for the accident, but there is no negligence on the part of the 2nd respondent/lorry driver and the alleged accident occurred only due to the rash and negligent driving of auto rickshaw by its driver. It is further contended that the amount claimed