THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL No.3391 of 1999 DATED 16.11.2009 BETWEEN: Vasireddy Nageswara Rao … Appellant AND Bodepudi Venkateswara Rao … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL No.3391 of 1999 JUDGMENT: The appellant, who allegedly working as car driver, met with an accident on 18.05.1995. On that day, when he was crossing the road, scooter bearing No.AP 20 5764 dashed against him. The appellant suffered fracture of left wrist. He underwent treatment in Government Hospital and also in private nursing home of Dr.Krupakar. He filed O.P.No.665 of 1995 before Motor Accidents Claims Tribunal-cum- District Judge, Khammam, claiming compensation of Rs.50,000/-. By impugned award, dated 28.06.1999, tribunal awarded Rs.12,000/- to be payable by driver of scooter. Aggrieved by the same, present appeal is filed. It is the case of appellant that he suffered serious injury by way of fracture of left wrist, and therefore, the tribunal ought to have awarded Rs.50,000/- towards pecuniary and non-pecuniary damages. The submission cannot be accepted. There was no medical evidence to prove his case except self-serving evidence of appellant as R.W.1. Though Exs.A.1 to A.3 were marked, wound certificate did not support his case. Therefore, the tribunal awarded Rs.3,000/- towards loss of past earnings, Rs.7,000/- towards pain and suffering and Rs.2,000/- towards medical expenses and made the driver of the scooter alone liable to pay compensation. The appellant has not demonstrated before this Court that the owner of the scooter and the insurer are liable to pay compensation, because there is no evidence to show that the driver of the scooter, first respondent, was employee of the owner, second respondent, nor second respondent authorised him to drive the scooter. In that view of the matter, the award does not warrant any interference. The civil miscellaneous appeal fails and is accordingly dismissed. There shall be no order as to costs. _________________ (V.V.S.RAO,J) 16.11.2009 pln