THE HON'BLE SRI JUSTICE GHULAM MOHAMMED Civil Miscellaneous Appeal No.1414 of 2003 JUDGMENT: The appellant-claimant filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the order, dated 28.01.2003, passed in O.P.No.428 of 2000 by the Chairman, Motor Accidents Claims Tribunal- cum-District Judge, Adilabad (for short ‘the Tribunal’). On 21.08.1999 at about 9.45 a.m., while the appellant was coming from Utnoor to Adilabad on his scooter, bearing registration No.AP.1.D.2260, along with his uncle, on the way after they reached in front of the shop of one Pathiwar Kistanna at Indervelli, the driver of the auto, bearing registration No.AP.1.3852, suddenly turned towards right side without showing any indication and dashed against the appellant’s scooter, on account of which, he fell down and sustained grievous injuries to his left leg, left hand and on various parts of the body. The appellant was taken to Govt.Hospital, Indervelli, where he was provided first-aid and was referred to District Headquarters Hospital, Adilabad. Thereafter, he took treatment in a private Nursing Home for two months as in-patient. At the time of accident, the appellant was practicing as Advocate in Utnoor, besides doing agriculture. Due to the accident, he could not attend the Court and his agricultural works. Therefore, he filed the O.P., claiming compensation of Rs.1,50,000/-for the injuries sustained by him in the accident. The first respondent, owner of the auto, as well as the second respondent-Insurance Company filed separate counter affidavits denying the allegations and contending that there was no negligence on the part of the driver of the auto. It is also contended that the compensation claimed is high and exorbitant. On consideration of the oral and documentary evidence, the Tribunal came to the conclusion that the driver of the auto was responsible for the accident and the injuries sustained by the appellant. With regard to the quantum of compensation, the Tribunal awarded a sum of Rs.25,000/- to the appellant-claimant. Seeking enhancement of the same, the present appeal is filed by the appellant-claimant. The learned counsel appearing for the appellant vehemently contended that the appellant sustained grievous injuries and was treated for two months as in-patient. In support of the same, he got marked Exs.A3-injury certificate, and A8-medical bills. Therefore, the Tribunal ought not to have granted such a meager amount. He further contended that the Tribunal erred in exonerating the Insurance Company from its liability to pay the compensation, as the driver of the auto had learning licence, which has been surrendered on its expiry for issuing fresh licence, and relied upon the judgment of this Court in National Insurance Company Limited v. Swaran Singh and others[1]. Heard the learned counsel for the appellant and the learned Standing Counsel appearing for the Insurance Company. The Tribunal, after taking into consideration the evidence on record, both oral and documentary, fixed the responsibility on the driver of the first respondent for the accident and granted Rs.25,000/- as compensation. It is categorically stated that due to the injuries sustained by him, the appellant was hospitalized for two months and could not attend to his normal duties during that period. Therefore, it is reasonable to presume that the appellant might have incurred huge amounts for his treatment. Therefore, I deem it appropriate to grant a further sum of Rs.20,000/- towards his medical expenses. Coming to the aspect of exonerating the liability of the insurance company, the Tribunal exonerated the insurance company from its liability to pay the compensation, as the driver of the auto had no valid driving licence at the time of accident. However, as rightly contended by the learned counsel for the appellant, in National Insurance Company Limited (1 supra), the Supreme Court has categorically held that insurance company is liable to satisfy the decree at first instance and to recover the awarded amount from owner of the vehicle. In view of the same, it is directed that the insurance company shall pay the compensation amount at first instance and recover the same from the owner of the vehicle thereafter. The enhanced amount shall carry interest at the rate of 7% per annum. With the modification as above to the award of the Tribunal, the Civil Miscellaneous Appeal is allowed in part. No costs. ____________________________ GHULAM MOHAMMED, J. Date:12.08.2010 VGB [1] 2004 (2) ALD 36 SC