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 Motor Accidents Claims Tribunal-cum-XVI Additional District and Sessions Judge Court, Nandigama in MVOP No.1 of 2014(old MVOP.No.372 of 2008), dated 07.05.2015, wherein and whereby the Tribunal awarded compensation of Rs.30,367/- to the petitioner payable by respondent No.1 only by exonerating respondent No.2/Insurance Company from payment of compensation, though Tribunal came to conclusion that the petitioner is entitled to claim compensation of Rs.60,734/- with interest at 7.5% per annum from the date of petition till the date of realization.

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

3. The petition is filed by the minor petitioner represented by his father under Section 163-A of M.V. Act 1988 claiming compensation of Rs.1,00,000/-for the injuries sustained by him in the motor vehicle accident that occurred on 25.12.2007 at about 09:30 PM.

4. The case of the petitioner in brief is that on 25.12.2007 at about 9.30 PM when he was proceeding on a motorcycle bearing No.AP16 AJ 6028 as a pillion rider to Kesara Village, when their motorcycle reached near burial ground, respondent No.1 drove his motorcycle bearing No.AP16 BD 546 in a rash and negligent manner at high speed came in opposite direction dashed their motorcycle, due to which he fell down and sustained grievous injuries and then he was shifted to Government Hospital, Nandigama and then one Shaik Konda lodged a report before Kanchikacherla Police, who registered the case in Crime No.189 of 2007 against respondent No.1 for the offence punishable under Section 338 IPC and after due investigation S.H.O., filed charge-sheet.

5. The petitioner submits that he is a student, aged 13 years due to injuries sustained in the accident he underwent surgery and he was inpatient in the hospital for twenty days spent Rs.40,000/- towards medical expenses, still he is suffering from injuries and taking treatment. The petitioner submits that respondent No.2 is insurer of offending vehicle i.e., motorcycle bearing No. AP 16 BD 546 and the policy was in force. He claimed compensation of Rs.1,00,000/- on various heads.

6. The 1st respondent, owner of offending vehicle remained ex- parte and not chosen to contest the case. The 2nd respondent/Insurance Company filed written statement denying the accident manner in which it was occurred, age of the petitioner on the date of accident. It is the contention of respondent No.2 that respondent No.1 had no valid and effective driving license at the time of accident, thereby respondent No.1 committed breach of terms and conditions of the policy. They have stated that the petitioner failed to add owner and insurer of motorcycle bearing No.AP16 AJ 6028 as respondents, due to that, petition is bad for non-joinder of necessary parties and report also lodged two days after the accident and pillion rider is not a third party. They pray to dismiss the petition.

7. Basing on the above pleadings, the Tribunal framed the following issues, for trial.

1. Whether the petitioner sustained injuries in a motor vehicle accident occurred on 25.12.2007 due to rash and negligent driving of the motor bike bearing No.AP-

16-BD-546 by the 1st respondent?

2. If so, whether the petitioner is entitled to the compensation as prayed for? If so, from whom?

3. To what relief?

8. On behalf of the petitioner, the minor petitioner was examined as PW-1 and the Medical Officer who treated the petitioner, was examined as PW-2 and got marked Ex.A1 to Ex.A8. On behalf of the respondents, RW-1 and RW-2 were examined and Ex.B1 to Ex.B5 were marked.

9. After hearing both sides, the Tribunal came to conclusion that the petitioner is entitled to claim compensation of Rs.60,734/- with interest at 7.5% per annum from the