THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO.3758 of 2003 JUDGMENT: Aggrieved by the order and decree dated 18.07.2003 in O.P.No.202 of 2002 passed by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Adilabad, the claimant-appellant filed the present appeal. The appellant herein is the claimant in the main O.P. The O.P. was filed claiming compensation of Rs.4,00,000/- for the injuries sustained by the appellant-claimant in the accident on 13.10.2000. In proof of the injuries and the disability sustained by him, he himself was examined as P.W.1 and examined Dr. Vinay Kumar as P.w.2 and got marked Exs.A.1 to A.16. The Tribunal below by considering both the evidence of P.W.1 and P.W.2 and Exs.A.1 to A.16, granted an amount of Rs.1,77,600/-, by observing that the accident was due to the contributory negligence of the drivers of both the vehicles involved in the accident. Aggrieved by the same, the present Civil Miscellaneous Appeal is filed. Now the point for consideration is whether the appellant- claimant is entitled for enhancement of any compensation. The factum of accident was admitted but the Tribunal below directed the Insurance Company to pay only 60% of the compensation payable to the appellant-claimant observing that the accident was occurred due to the contributory negligence of the drivers of both the vehicles. P.W.1, who is the claimant and injured stated that while he was travelling in a jeep bearing No.A.P.25.D.2086, he met with an accident when the said jeep was in collision with a tractor-trailor bearing No.AP1.2021 and 2022. It is an admitted fact that the driver, owner and the Insurance Company of the said jeep were not arrayed as parties in the main O.P. As seen from the impugned order, the claimant-appellant filed certified copy of the judgment dated 30.04.2001 in C.C.No.741 of 2000, which was filed against one Sanchu Shivanna S/o. Bheemanna, the driver of the vehicle tractor-trailor bearing No.AP1.2021 and 2022. It is also evidenced on record that the driver of the above said vehicle admitted guilt that he drove the vehicle in a rash and negligent manner resulting in accident. In view of the positive voluntary admission of the driver of the vehicle tractor-trailor bearing No.AP1.2021 and 2022, he was convicted by the learned Judicial Magistrate of First Class, Nirmal, in C.C.No.741 of 2000. It is a case where the driver of the offending vehicle admitted voluntarily resulting his conviction with judicial order, in that view of the matter, apportionment of the compensation amount of 60% against the owner and the insurer of tractor-trailor bearing No.A.P.1 2021 and 2022 is not sustainable. Even for argument sake, if finding of the Tribunal below is taken into consideration that 60% of the compensation to be payable by the Insurance Company, the same is not tenable. However, it is observed that the appellant-claimant shall recover 40% compensation amount against the parties, who are not arrayed as parties in the main O.P. Therefore, viewed from any angle in the totality circumstances, the finding of the Tribunal below on the score fastening liability of 40% against the parties, who are not arrayed as parties in the main O.P. is not sustainable. In any view of the matter, on the score the said findings are liable to be set aside. If that be the case, in view of the admission of the driver of the offending vehicle tractor-trailor bearing No.AP1.2021 and 2022, and the finding of the learned Judicial Magistrate of First Class, Nirmal, in C.C.No.741 of 2000, the respondent-insurance company (respondent No.2) shall indemnify the compensation being the insurer of the offending vehicle under valid insurance cover on the date of the accident. If that be the case, the compensation payable to the petitioner comes to Rs.2,96.000-/. A perusal of the judgment, it is clear that the Tribunal below well discussed the evidence on record while taking into consideration the evidence of Dr. Vinay Kumar and the documents Exs.A.3 to A.11, correctly granted compensation of Rs.2,96,000/- under all heads. With the above modification, the appeal is allowed and the respondents are liable to pay compensation amount of Rs.2,96,000/- to the appellant/claimant against the compensation amount of Rs.1,77,600/- awarded by the Tribunal below earlier. ______________ K.S.APPA RAO,J 01st April 2011 bud