VIBUDI MALLESWARA RAO Vs. MANDALA ATCHIM NAIDU

JUDGEMENT

(1.) This Appeal was filed by the Appellant/claimant under Section 173 of the Motor Vehicles Act, aggrieved by the compensation of Rs.27,300/- awarded by the Motor Accidents Claims Tribunal (District Judge), Vizianagaram, by its decree and judgment, dated 16.02.2010 passed in M.V.O.P.No.1047 of 2007 against the claim of Rs.1,40,000/- with interest at 18% per annum from the date of petition till the date of realization on account of the injuries sustained by him in a motor vehicle accident that occurred on 21.08.2007. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the Appeal.

(2.) As per the averments in claim application the petitioner is a resident of Tettangi Village, Gurla Mandal, Vizianagaram District. On 21.08.2007 the petitioner boarded the auto bearing No.A.P.35 U 3542 as passenger after completion of his work at Gurunaidupeta and at about 12-00 noon the 1st respondent drove the auto in a rash and negligent manner and the auto reached near Burlapeta road junction, the driver applied sudden brakes as a result, the petitioner fell down on the road and received both simple and grievous injuries all over the body, fracture on left upper arm. Immediately the petitioner was admitted in Government Headquarters Hospital at Vizianagaram. He stayed there for a period of 30 days. He was shifted to private nursing home at Vizianagaram for better treatment and P.O.P. was applied to his left upper arm and thereby he spent huge amounts for treatment and extra-nourishment. He was hale and healthy at the time of accident and he used to earn Rs.150/- per day as Tailor. Because of the injuries sustained in the accident he could not do hard work. He claimed a total compensation of Rs.1,40,000/-. The petitioner claimed that the respondent Nos.1 to 3 being driver, owner and insurer of the auto are jointly and severally liable to pay the compensation. The Station House Officer, Gurla Police Station has registered a case in Crime No.67 of 2007 for the offence under Section 338 of the Indian Penal Code against the 1st respondent, driver of the auto.

(3.) The 1st respondent filed counter denying the averments in claim petition and further contended that he was a skilled driver having valid driving licence and he used to drive the vehicle with lowest speed and he was driving on the left side of the road always and he is not responsible for the alleged accident and that it happened due to the fault of the petitioner himself only and hence he is not liable to pay compensation. The 2nd respondent adopted the counter of the 1st respondent by filing a memo.