NATIONAL INSURANCE COMPANY LIMITED Vs. BALLARY JAHAD HUSSAIN

JUDGEMENT

(1.) This Appeal arises under the Motor Vehicles Act, 1988 challenging the decree and order, dated 20.05.2006 in M.O.V.O.P.No.213 of 2004 on the file of the Motor Accidents Claims Tribunal-cum-District Judge at Kadapa. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the Appeal.

(2.) The facts, in nutshell, giving rise to this appeal are that on 16.09.2003, the petitioner came to Kadapa for some electrical instruments and after purchasing the same, he boarded an auto rickshaw bearing No.A.P.04-V-3076 which is proceeding to Chennur. When the said auto rickshaw reached Jeevadar Nilayam situated on Kadapa-Kurnool National High Way, near Dandu Harijanawada on the outskirts of Kadapa Town, the tractor and trailer bearing No.A.P.04-T-8942 belonging to 3rd respondent and insured with 4th respondent with load of sand came in opposite direction slightly rubbed the auto rickshaw and passed away. After the auto passing a little ahead, the tractor and trailer A.P.04-T-2419 and 2420 belonging to 1st respondent and insured with 2nd respondent being driven by its driver in a rash and negligent manner and with high speed came and dashed the auto, as a result of it, the auto rickshaw rolled thrice on the road side and in the said process the petitioner received multiple fractures to his both legs and also lacerated injuries. Immediately, he was shifted to Government Hospital, Kadapa and as his condition was serious, he was referred to SVRR Hospital, Tirupati where he took treatment from 21.09.2003 to 11.12.2003 and surgeries were conducted and his leg was amputated. As on the date of filing of the petition also the petitioner was completely confined to bed and he is not able to walk or move from one place to another place. The petitioner spent huge amounts for his treatment, medicines and other miscellaneous charges. Prior to the accident the petitioner was an electrician and he took a room on monthly rent and was repairing fans, tube lights, motors and he was also attending to wiring of the houses and winding of motors and used to earn considerable amounts. Due to the injuries sustained in the accident, the petitioner sustained permanent disability and is unable to attend to his normal works. The petitioner filed claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.7,00,000/- for the injuries sustained by him in the said accident.

(3.) The respondent Nos.1 and 3 remained exparte. The 2nd respondent i.e., the National Insurance Company Limited filed counter denying all the averments made in the petition and contending that on 16.09.2003 the tractor and trailer bearing No.A.P.04-T-8942 loaded with sand and was driven with high speed and hit right side of the auto bearing No.A.P.04-U-3076, as a result of which, the driver of the auto lost control and has driven it in zig zag manner and hit the tractor and trailer bearing No.A.P.04-T-2420 which was proceeding slowly. At the time of the accident the driver of the tractor and trailer bearing No.A.P.04-T-2419 and 2420 did not possess valid driving licence and therefore, the 2nd respondent is not liable to indemnify the liability of the 1st respondent. The quantum of compensation claimed is highly excessive. Therefore, it is prayed to dismiss the petition.