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 aggrieved by the Award and decree dated 08.07.2013 passed in O.P.No.2024 of 2010 by the Motor Accidents Claims Tribunal- Cum-IX Additional Chief Judge, City Civil Court, Hyderabad (for short, ‘the Tribunal’) seeking compensation of Rs.5,00,000/- for the injuries sustained by the petitioner in a motor vehicle accident that took place on 30.04.2010.

2. The brief fact of the case is that appellant/claimant filed O.P.No.2024 of 2010 under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries received in a motor vehicle accident alleged to have caused due to rash and negligent manner by the Harvester vehicle bearing No.AP-15- E-0302. It is contended that on 30.04.2010, the petitioner being driver of the auto bearing No.AP-23-X-1511 along with others were proceeding towards Kothirampur side slowly on the extreme left side of the road and when they reached near petrol pump, Kothirampur side and at that time one Harvestor vehicle bearing No.AP-15-AE-0302 driven by its driver with high speed in a rash and negligent manner in the opposite direction came on to its wrong side and dashed the auto of the petitioner while overtaking another vehicle, due to which the petitioner as well as the inmates of the auto sustained grievous injuries. The petitioner was taken to Chalmeda Anand Rao Institute of Medical Sciences, Karimnagar and thereafter, he was shifted to Gandhi Hospital, Hyderabad for better treatment. The Police registered a case in Crime No.50 of 2010 and filed charge sheet under Section 337 of IPC against the driver of the offending Harvestor vehicle.

3. The contention of the petitioner before the learned Tribunal was that due to accident, the petitioner sustained i) fracture of right tibia middle 1/3^rd, ii) fracture of right femur middle 1/3rd, iii) fracture of distal 1/3rd L.T.Radius, iv) U/3rd region of let embolism and other injuries though out the body, out of which three injuries were grievous in nature and the petitioner sustained disability due to the said accident and he was admitted as an in-patient on 02.05.2010 wherein two operations were conducted for fracture of right thigh (shaft femur) and skin were closed with skin grafting and rods were inserted, for which the petitioner had incurred huge amount towards hospital and medical expenses and claimed an amount of Rs.5,00,000/- under various heads as compensation for the said accident.

4. Before the learned Tribunal, Respondent No.1 owner of the Harvestor vehicle bearing No.AP-15-E-0302 remained ex-parte. The respondent No.2 – The Cholamandalam MS General Insurance Company Limited filed their counter- affidavit, denying all the averments made in the claim petition, including the manner in which the accident took place, age, avocation and income of the petitioner and further contended that the compensation claimed by the petitioner is excessive and prayed to dismiss the claim petition.

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

“i) Whether the pleaded accident dt.30.04.2010 has occurred owing to the rash and negligent driving of the driver of the Harvestor bearing No.AP-15-AE-0302 and whether the petitioner has sustained injuries in the said accident?

2. Whether the Crime Vehicle No.AP-15-AE-0302 was owned by the first respondent and insured with second respondent as on the date of the accident and whether the petitioner is entitled for compensation, if so, to what quantum and what is the liability of the respondents?

3. To what relief?”

6. After perusing the oral and documentary evidence and going into the entire record and the evidence placed by both the parties, the learned Tribunal allowed the claim in part and granted compensation of Rs.2,68,795/- along with interest @ 7% per annum.

7. Being uns