KURASALA PULLA RAO Vs. KOVVURI SAI RAMA REDDY

JUDGEMENT

(1.) By this appeal under Sec. 173 of the Motor Vehicles Act, 1988 an injured claimant impugns the award dtd. 9/8/2012 of the learned Motor Accidents Claims Tribunal - Cum - IV Additional District Judge, (Fast Track Court), Tanuku in MVOP.No.691 of 2009 to the extent of absolving the insurance company from liability.

(2.) The offending vehicle is Bajaj Boxer Motorcycle bearing registration number AP 05 R 3356. Respondent No.2 herein is the owner of the said motorcycle. He got it insured with Bajaj Allianz General Insurance Company Limited/ R3. On the fateful day, this motorcycle was driven by R1.

(3.) The appellant/injured claimant was a small time seller of plantain clusters earning about Rs.5,000.00 per month. On 8/5/2009, he was going on his bicycle and at about 10.30 pm, R1 drove the offending motor cycle rashly or negligently on NH 5 road and dashed the bicycle and as a result of it, the appellant fell down and the motor cycle ran over his left leg and crushed it and as a result, the appellant's lower part of the left leg was amputated and he also suffered some more injuries in this accident. In terms of Sec. 166 of the Motor Vehicles Act, he made a claim for compensation of Rs.3,50,000.00. The driver of the motor cycle and the owner of the motor cycle did not choose to contest the claim. The Insurance company/ R3 raised its contest denying all the facts and contended that at the material point of time, the driver of the motor cycle did not possess valid and effective driving licence and the owner of it negligently entrusted the same and therefore the insurance company could not be made liable.