JUDGMENT:

This Civil Miscellaneous Appeal is filed by the Appellant/claimant under Section 173 of Motor Vehicles Act, 1988 (herein after referred to as M.V. Act) challenging the Award passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge (Fast Track Court), Srikakulam in M.V.O.P.No.487 of 2010, dated 10.10.2011 wherein and whereby the Tribunal awarded compensation of Rs.50,563/- to the appellant/claimant for the injuries sustained by him in a motor vehicle accident that occurred on 27.11.2008 at 8.00 A.M. against his claim of Rs.1,00,000/- and directed respondent Nos.1 and 2 are liable to pay compensation to the appellant/claimant with interest at 9% per annum from the date of petition till the date of realization by exonerating respondent No.3/Insurance Company on the ground that there was no coverage of insurance policy to offending vehicle on the date of accident.

2. The appellant and respondent Nos.1 to 3 herein after referred to as petitioner and respondent Nos.1 to 3 as arrayed before the Tribunal.

3. The case of the petitioner in brief is that he is driver of an Auto- rickshaw when he was proceeding on his Auto-rickshaw reached near

2 BSS, J Billani road junction within the limits of Santhakaviti Police Station in Srikakulam District, respondent No.1 drove a Tractor bearing No.A.P.37- T-5391 in a rash and negligent manner dashed the Auto-rickshaw of the petitioner, as a result of which, the petitioner fell down and sustained injuries on his leg and head who was admitted in Community Health Centre, Rajam, thereafter shifted to KGH Hospital, Visakhapatnam where he was taken treatment as in-patient. The petitioner submits that due to injuries sustained in the accident he spent amount towards medical expenses and claimed compensation of Rs.1,00,000/- on various heads.

4. The respondent Nos.1 and 2 who are driver and owner of offending vehicle remained ex-parte and not chosen to contest the case before the Tribunal.

5. The respondent No.3/Insurance Company filed counter denying the accident manner in which it was occurred and coverage of insurance policy to offending vehicle on the date of accident.

6. Basing on the above pleadings, the Tribunal has framed the following issues for trial:

i) Whether the petitioner sustained injuries in the accident occurred on 27.11.2008 caused by Tractor bearing No.AP 37-T-5391 at Billani Village near Rajam and whether the

3 BSS, J said accident was caused due to rash and negligent driving of the said tractor by 1st respondent?

ii) Whether the petitioner is entitled to claim compensation, if so, how much and against which of the respondents?

iii) To what relief?

7. On behalf of petitioner he himself examined as PW-1, Exs.A1 to A8 were marked. On behalf of respondent No.3, RW-1 was examined Exs.B1 to B5 were marked.

8. After hearing both sides, the Tribunal awarded compensation of Rs.50,563/- with interest at 9% per annum from the date of petition till the date of realization payable by respondent Nos.1 and 2 jointly and severally by exonerating respondent No.3/Insurance Company.

9. Aggrieved by the Award passed by the Tribunal, the petitioner has preferred the present appeal on the ground that Tribunal failed to take note that the agent of the respondent No.3/Insurance Company collected the premium amount under Ex.B1 Insurance policy much prior to the accident, due to that, respondent No.3/Insurance Company is also liable to pay compensation to him. He prays to allow the appeal.

10. I have heard learned counsel for the appellant, Mr. A. Ravi Sankar as well as learned counsel, Mr. M. Rahul representing on behalf of Ms. S.

Pranati, learned counsel for respondent No.3/Insurance Company.

4 BSS, J

11. The learned counsel for the appellant would submit that though policy was issued after the accident as per Ex.B1, copy of Insurance Policy, respondent No.2, owner of offending vehicle paid premium one day before the motor vehicle accident, due to that, respondent No.3 is also liable