S.RAMESH, S/O P.SWAMINATHAN Vs. BAJAJ ALIANZ GENERAL INSURANCE CO. LTD., NO. 363, SRI HARI COMPLEX. SITHAVILASA ROAD, MYSORE, REP. BY ITS REGIONAL OFFICE. NO.31, T.B.TOWERS, I CROSS, NEW MISSION ROAD, BANGALORE - 560002 BY IT SR. MANAGER (CLAIMS

JUDGEMENT

(1.) THIS petition is filed against the judgment dated 24.6.2011, wherein the appeal filed by insurance company was allowed and compensation awarded to claimant In MVC.No. 15/2005 on the file of MACT, Kollegal, on 27.6.2008 was set aside on the ground that accident has taken place due to negligent act on the part of claimant himself, therefore, he is not entitled to seek compensation.

(2.) SUBSEQUENT to appeal being dismissed, this petition is filed seeking review of said judgment on the ground that even assuming the claimant is not entitled to receive compensation under the head disability, he is entitled to receive compensation under Section 140 of Motor Vehicles Act towards no fault liability. In this behalf, learned counsel for petitioner relies upon the decision of Apex Court in the matter of Eshwarappa vs. C.S. gurushanthappa reported in AIR 2010 SCW 4918.

(3.) FURTHER , as rightly contended by counsel for respondent/insurance company in view of reported decision of this Court in the matter of C.N. Krishna Murthy Vs. P. Shashidhara Murthy and Others, ILR (1998) KAR 2391 , the claimant cannot seek compensation towards no fault liability when there is no permanent disability. The relevant portion of aforesaid judgment is as under: Motor Vehicles Act, 1939 (Central Act No.4 of 1939) - Section 92 -A and 92 -C. Appellants request to grant atleast award compensation under No Fault Liability was rejected as there was no permanent disablement.