THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

This M.A.C.M.A. is filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant/petitioner/claimant aggrieved by the Award and decree dated 20.05.2020 passed in O.P.No.177 of 2017 by the Motor Accident Claims Tribunal- Cum-Principal District Judge, Mahabubnagar, (for short, ‘the Tribunal’), seeking compensation of Rs.1,00,000/- for the injuries sustained by the appellant in a motor vehicle accident that took place on 06.03.2017.

2. The brief facts of the case are that the appellant/claimant filed O.P.No.177 of 2017 under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained by him in a motor accident, alleged to have occurred due to the rash and negligent driving of the driver of the Tavera bearing No.AP-21-AC-8388. It is contended that on 06.03.2017 at about 10:00 a.m., the injured petitioner herein along with the deceased S.Mohan, Karkonda Narsimulu, P.Ventataiah, Golla Venkataiah and their friend, who is the driver of the Tavera bearing No.AP-21- AC-8388 started from Parsapur Village to Tandoor Government Civil Hospital, when they reached Kodangal Village near Ramalayam Temple at about 10:30 p.m., as the driver of the said Tavera drove the vehicle at high speed in a rash and negligent manner and dashed the Tractor bearing No.KA-33-TA-2289 loaded with grass from its backside. As a result of which, the petitioner sustained grievous injuries and he was shifted to the Government Civil Hospital, Kodangal for treatment and after discharge from the said hospital, he took treatment in a private hospital at Kondagal for the said injuries. The Police registered a case in Crime No.27 of 2017 under Sections 304-A, 337 and 338 of IPC against the driver of Tavera bearing No.AP-21-AC-8388 and filed charge sheet.

3. The contention of the petitioner before the learned Tribunal was that due to said accident, the petitioner sustained three grievous injuries and he was shifted to Government Civil Hospital, Kodangal for treatment and thereafter, he took treatment in a private hospital for the said injuries, for which the petitioner had incurred huge amount towards hospital and medical expenses and claimed an amount of Rs.1,00,000/- under various heads as compensation for the said accident.

4. Before the learned Tribunal, Respondent Nos.1 and 2, who were the driver and owner of the Tavera bearing No.AP-21-AC-8388 remained ex-parte. Respondent No.3/The Reliance General Insurance Company Limited filed their counter-affidavit denying the material averments of the petition and submitted that the accident took place because of the negligence of the Tractor bearing No.KA-33-TA-2289. It is further contended that the driver of the crime vehicle has contributed for the occurrence of the accident and further contended that the petitioner was an unauthorized passenger and he was not a third party to the vehicle and respondent Nos.1 and 2 alone are liable to pay the compensation to the petitioner but not respondent No.3. Further contended that the amount claimed by the petitioner was highly excessive and exorbitant and prayed to dismiss the petition.

5. Basing on the pleadings and averments made by both the counsels, the learned Tribunal framed the following issues, which reads as under:

“1. Whether the accident occurred on 06.03.2017 at about 10:30 p.m., near a Ramalayam temple on PWD road in Kodangal Village, was due to the rash and negligent driving of respondent No.2 being the driver of the Chevrolet Tavera vehicle bearing registration No.AP-2-AC-8388 and whether the petitioner sustained injuries in the said accident?

2. Whether there was a contributory negligence on the part of the driver of the tractor in negligent parking of the Tractor without altering the other vehicles thereby leading to the accident?

3. Whether R-2 had no valid driving licence by the time of accident/

4. Whether R-3 is absolved of any liability to pay the compensation on the term