IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL No.1888 of 2002 Between: Chetre Gangadhar .. Appellant AND Seaways Shipping Service & another .. Respondents The Court made the following: HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL No.1888 of 2002 JUDGMENT: This appeal is directed against the award in O.P.No.838 of 1998, dated 01.04.2002, on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Adilabad. 2. The factual background for the appeal is that the appellant and another travelling in tipper No.AP 31T 6244 on 21.05.1998 met with an accident near Mirzapur Village due to the rash and negligent driving by its driver. The appellant claimed to have suffered injuries all over his body and to have been treated at Government Hospital, Bhainsa. The driver of the tipper was prosecuted in Crime No.37 of 1998 by Bhainsa Police. The appellant claimed a compensation of Rs.10,000/-. 3. While the owner of the tipper remained ex parte before the Tribunal, the insurer contested the claim denying the driving license of the tipper driver, roadworthiness of the tipper, existence of a valid insurance and the other claims of the claimant. The claimant was stated to be travelling in the goods vehicle as a fare paying passenger in violation of the conditions of insurance and hence, the passengers carried in the tipper were stated to be not entitled to any compensation. 4. The Tribunal tried O.P.No.838 of 1998 along with O.P.No.577 of 1998 arising out of the same accident after framing issues about the responsibility for the accident and the entitlement of the claimant to compensation. 5. The Tribunal examined P.Ws.1 and 2 and marked Exs.A-1 to A-5 during the enquiry and in the impugned award, it concluded that the driver of the tipper was rash and negligent in driving as proved by P.Ws.1 and 2 corroborated by Ex.A-1-First Information Report. 6. The Tribunal assessed the compensation after first coming to the conclusion that the insurer cannot be fastened with any liability, while the owner of the vehicle is vicariously liable for the rashness and negligence of its driver. For the lacerated wound on the dorsum of the left hand and the abrasion on the posterior aspect of the left elbow joint suffered by the claimant, the Tribunal awarded Rs.3,000/- and Rs.1,500/- respectively, apart from Rs.1,000/- towards pain and suffering. Interest at 9% per annum and proportionate costs were also awarded on the total compensation of Rs.6,000/-. 7. The claimant before this Court with this Civil Miscellaneous Appeal contended that the amount awarded is not commensurate with the injuries suffered. 8. Heard the learned counsel for the parties. 9. The only point for consideration is whether the compensation awarded by the Tribunal needs any upward revision, as the findings of the Tribunal on all other aspects were unchallenged and had hence, become final. 10. Firstly, it is to be noted that under Section 173 (2) of the Motor Vehicles Act, 1988, no appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees. If so, the appeal is not ex facie maintainable. Even if it is assumed that the award could have been challenged before this Court through any other legal proceeding, it is seen that the two simple injuries being a lacerated wound and an abrasion of 1 x ½ inch dimensions were adequately compensated at Rs.3,000/- and Rs.1,500/-, apart from pain and suffering at Rs.1,000/- either with reference to the scales adopted by the II Schedule to the Motor Vehicles Act, 1988, or otherwise by the precedents and there appears absolutely no unreasonableness in the assessment of the compensation by the Tribunal which in fact has to be considered as more liberal than necessary. There are no merits in the appeal and the appeal has to, therefore, fail. 11. Accordingly, the Civil Miscellaneous Appeal is dismissed without costs. _____________________ G. BHAVANI PRASAD, J Date: 25th January, 2011 KL HON’BLE SRI JUSTICE G. BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL No.1888 of 2002 Date: 25th January, 2011 KL