LOUIS MARTIS Vs. LOUIS KORREA

JUDGEMENT

(1.) Ms. Parinitha S Chanal undertakes to appear for Respondent No. 1.

(2.) The Appellant-Petitioner was the driver of the car which is involved in an accident on account of rash and negligent driving of the Petitioner. The police have charge-sheeted the Petitioner for causing the accident by rash and negligent driving. Apart from the inmates of the car, the Petitioner also sustained non-fatal injuries in the accident. Therefore, the Petitioner is seeking compensation against the owner and the Insurer of the vehicle.

(3.) The Tribunal has dismissed the petition filed by the Petitioner claimant on the ground that the Petitioner himself has driven the vehicle in a rash and negligent manner, hence he is not entitled for any compensation. When the workman suffers a non-fatal injury for his own negligence, no compensation need be payable under the Workmen's Compensation Act. Section 3(1)(b) and Clause (ii) of Section (3)(1)(b) of the Act does not permit the workman to seek compensation if the injury is caused on account of his own negligence.