YARLAGADDA GEORGE Vs. BALAM NAGANJANEYULU

JUDGEMENT

(1.) O .P.No.398 of 2006 was filed by the injured -Yarlagadda George against the driver, owner and insurer of Bajaj Tempo bearing No.AP - 37 -V -8059 for the injuries sustained by him in the motor accident dated 13.04.2005 for the claim made under Section 166 of the Motor Vehicles Act, 1988 (the Act for brevity) for compensation of Rs.3,00,000/ - since awarded by the Tribunal at Rs.85,364/ - with interest @ 7.5% per annum from the date of petition till the date of realization, with joint liability by award dated 05.10.2006. Aggrieved by the said compensation, the injured preferred M.A.C.M.A.No.1072 of 2007 that compensation is utterly low. Equally aggrieved by the award of the Tribunal, the insurer filed M.A.C.M.A.No.1712 of 2011 with contentions that the said injured is no other than unauthorized passenger of the goods carriage among 24 passengers in all travelling and the claim that some Buttabommalu for playing in Jathara carrying that belongs to one Tadikonda Jayaraju as contended by the injured is untenable for nothing to show out of the 24 passengers, who is owner of the goods and the Buttabommalu are not the gods even within the purview of the Act and thereby, the Tribunal went wrong in fixing joint liability and even the policy not covered the risk of the injured either gratuitous or non -gratuitous passenger unauthorized in the goods vehicle to travel.

(2.) PERUSED the material on record.

(3.) FOR convenience sake, the parties are arrayed as they were before the Court below.