Appeal filed under Order 41 of CPC before the High Courtaggrieved by the Judgment and Decree passed in M.V.O.P.No. 675/2017 dt. 20-3-2023 on the file of the Motor Accident Claims Tribunal-cum-I Addl. District Judge, Nellore, for the following among other

The Court made the following:

JUDGMENT:

The appellant/claimant filed the present appeal questioning the dismissal of claim petition as against respondent No.2/insurance company vide order and decree 20.03.2023 in M.V.O.P.No.675 of 2017 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Nellore, wherein the Tribunal granted compensation of Rs.19,64,094/- (Rupees Nineteen lakhs Sixty Four thousand and Ninety Four only) to the appellant/claimant, though the claim petition was originally filed for Rs.19,00,000/-, for the injuries sustained by him and fixed liability on respondent No.1 only, the owner-cum driver of the offending vehicle, and dismissed the claim against respondent No.2/insurance company.

For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.

The case of the petitioners, in brief, is as follows:

a) On 11.04.2014, the claimant and his wife, Tata Mahalakshmi, were returning to Annagaripalem Village on their Hero Honda Passion motorcycle after attending personal work at Enugulabhavi Village. At about 8:00 p.m., when they reached on the road between Enugulabhavi and Kolladinne Villages of Bogolu Mandal, an auto rickshaw bearing No. AP-26-TC-1650, driven by respondent No.1 in a rash and negligent manner and at high speed, dashed against their motorcycle from the opposite direction. As a result of which, the claimant and his wife fell on the road and sustained injuries. The claimant suffered grievous injuries, including fracture of both bones of the right leg, fracture of lateral condyle femur on the right side, and multiple bleeding injuries all over the body. His wife sustained injuries to her left shoulder. Initially, they were shifted to Kandukuri Hospital, Kavali, through 108 ambulance service and, thereafter, the claimant was referred to Vijaya Health Centre, Chennai, where he underwent surgeries and inpatient treatment.

b) It is the contention of the claimant that he underwent surgeries to his right knee and left shoulder and incurred medical expenses of about Rs.8,00,000/-. Due to the injuries sustained in the accident, he could not attend to his coolie work for about five months and suffered loss of earnings. He also incurred attendant and transportation charges during the course of treatment. According to him, he sustained permanent disability affecting the movement of his left hand and right leg, thereby affecting his earning capacity and day-to-day activities. It is further contended that the accident occurred solely due to the rash and negligent driving of respondent No.1, owner-cum-driver of the offending auto rickshaw. Since the said vehicle was insured with respondent No.2 under a valid insurance policy as on the date of accident, both the respondents are jointly and severally liable to pay compensation to the claimant.

Before the Tribunal, the 1st respondent-owner-cum-driver of the offending vehicle remained ex parte.

Respondent No.2/Insurance Company filed a counter denying the material allegations made in the claim petition. It was contended that there was an unexplained delay of three days in lodging the FIR, as the accident allegedly occurred on 11.04.2014, whereas the report was lodged on 14.04.2014. It was further contended that, as per the wound certificate, the claimant sustained injuries on 10.04.2014 at about 8:30 p.m. The Insurance Company denied the age, avocation, income of the claimant, the manner of the accident, and the medical expenses allegedly incurred. It was further alleged that there was collusion between the claimant and respondent No.1. Respondent No.2 further contended that the offending auto bearing No. AP-26-TC-1650 was not validly insured as