NEW INDIA ASSURANCE CO LTD Vs. SUNIL

JUDGEMENT

(1.) PETITIONER in M. V. C. No. 1206 of 1998 has filed a claim petition seeking compensation for the personal injuries sustained in a motor vehicle accident. The Tribunal awarded compensation of Rs. 35,000 with interest at the rate of 6 per cent per annum from the date of petition till payment. The Tribunal has directed the owner and insurer of vehicle to pay the compensation. Aggrieved by this order, the insurer is in appeal.

(2.) THE Division Bench of this court in the case of Appaji v. M. Krishna, 2004 acj 1289 (Karnataka), has held that the provisions of section 163-A of the Motor vehicles Act would not apply in a case where the victim himself is negligent in causing the accident and no compensation could be paid in such cases. It is further laid down that in the case of composite negligence of involvement of two vehicles causing the accident irrespective of negligence of vehicle pertaining to petitioner, a claim under section 163-A of the Motor vehicles Act would lie and when the owner of the offending vehicle and the insurer would be liable to pay the compensaticon. In this case, it is argued that it is the case of sole negligence of the petitioner and there is no other vehicle involved in the accident.

(3.) THE Apex Court in Deepal Girishbhai Soni v. United India Insurance Co. Ltd. , 2004 ACJ 934 (SC), in para 66 has made the following observations: