APHC010587482012 IN THE HIGH COURT OF ANDHRA PRADESH [3365]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO:

2810/2012 Between:

Arasamkula Kishore, ...APPELLANT AND R Nageswara Rao and Others ...RESPONDENT(S)

Counsel for the Appellant:

1. V PADMANABHA RAO Counsel for the Respondent(S):

1. KALPANA EKBOTE

2. K V SESHAGIRI RAO

3. .

The Court made the following:

THE HON’BLE JUSTICE Dr. V.R.K.KRUPA SAGAR

JUDGMENT:

In this Appeal under Section 173 of the Motor Vehicles Act, 1988 claimant impugned the award dated 08.05.2012 of learned Chairman, Motor Accidents Claims Tribunal-cum-XII Additional District Judge (F.T.C.), Vijayawada (hereinafter referred to as ‘the Claims Tribunal’) in M.V.O.P.No.421 of 2010.

2. Heard arguments of Sri V.Padmanabha Rao, the learned counsel for appellant and Sri K.V.Seshagiri Rao, the learned counsel for respondent No.3-Insurance Company. There has been no representation for respondent Nos.1 and 2. 3. The following facts are required to be noticed:

The present appellant was the injured claimant before the Claims Tribunal. He is a lorry mechanic by profession and used to earn Rs.10,000/- to Rs.15,000/- per month. The offending vehicle in this case is a lorry bearing No.AP-03-V-2115. At the material point of time it was driven by respondent No.2. The vehicle was owned by respondent No.1 and was insured by respondent No.3. On 19.12.2009 the claimant was proceeding on a cycle and at about 11:45 P.M. in the night when he reached a traffic signal junction on NH-5 road near Phakeergudem, Vijayawada the offending lorry came at high speed having been driven by its driver rashly or negligently it dashed the claimant and consequently he sustained an injury to his head leading to hemorrhage and a fracture to his right leg at the knee point and a fracture for the ankle of the right leg and he also sustained several other simple injuries. Initially he was treated at Government General Hospital, Vijayawada and thereafter was treated at N.R.I. General Hospital, Chinakakani. Pertaining to this incident of accident, Krishnalanka Police registered Crime No.580 of 2009 and F.I.R. was issued as per Ex.A.1. At the material point of time the driver was holding the valid and effective driving licence evidenced by Ex.A.5. The vehicle was covered by valid insurance policy evidenced by Ex.B.1. The claimant filed M.V.O.P.No.421 of 2010 seeking compensation of Rs.2,00,000/-. The driver and owner did not put up their contest. Insurance company/respondent No.3 raised a contest disputing the case set out in the claim petition. Learned Chairman, Motor Accidents Claims Tribunal-cum-XII Additional District Judge (F.T.C.), Vijayawada framed the following issues for consideration:

1) Whether the petitioner sustained injuries in a motor vehicle accident on 19.12.2009 at 11.45 p.m. during midnight at traffic signal junction on N.H.5 road near Phakeergudem due to the rash and negligent driving of the lorry bearing No.AP-03-V-

2115 by the 2^nd respondent?

2) Whether the petitioner is entitled to the compensation as prayed for? If so, from whom and how much amount?

3) To what relief?

4. At the trial, PWs.1 to 3 testified and Exs.A.1 to A.16 and Exs.X.1 to X.3 were marked for claimant. For respondent No.3- Insurance Company, no oral evidence was adduced and it got exhibited a copy of the insurance policy as per Ex.B.1.

5. After considering the entire evidence on record and after giving due regard to the arguments advanced on both sides, the learned Claims Tribunal reached the conclusion that the accident and injuries were out of rash or negligent driving on part of the driver of lorry bearing No.AP-03-V-2115. It held that the lorry driver was responsible for the incident and the owner is vicariously liable and the insurer as an indemnifier is liable to compensate for the injuries sustained by the claima