UNITED INDIA INSURANCE COMPANY LIMITED Vs. SMT. RAJAMMA

JUDGEMENT

(1.) his appeal is filed by the insurer challenging the Judgment and award passed by the Motor Accident Claims Tribunal, Mysore, [the 'Tribunal', for short] in MVC No. 210/2012.

(2.) Briefly stated the facts are:

(3.) The learned counsel appearing for the appellant assailing the impugned Judgment and award would vehemently contend that the Tribunal grossly erred in entertaining the claim under Section 163 A of the Motor Vehicles Act, 1988, ('Act' for short), ignoring the negligence on the part of the deceased. The accident occurred due to the own negligence of the deceased, dashing against the hind side of the parked vehicle (offending vehicle). The charge sheet was filed by the police authorities against the drivers of both the vehicles, as such, contributory negligence apparent on the face of the record could have been properly appreciated by the Tribunal in fastening the liability. It is submitted that no tort-feasor can file the claim for compensation for self negligence. Section 163-A cannot be departed from the said principle. Learned counsel placing reliance on the Judgment in Khenyei v. New India Assurance Company Limited And Others' reported in 2015 ACJ 1441, would contend that the subtle difference between the contributory negligence and composite negligence was not considered by the Tribunal in the right perspective. The case on hand was of contributory negligence in much as the negligence contributed by the deceased for causing the accident to the parked vehicle. The Tribunal misdirected itself in proceeding that the cause of the accident was composite negligence. Thus, it is emphasized that the factum of contributory negligence, if apportioned, the compensation awarded by the Tribunal to the extent of contributory negligence of the deceased deserves to be reduced. Yet another argument advanced was that the owner/insurer of the other vehicle, motorcycle bearing No. KA-45/J-4984 not being impleaded, no entire liability could be saddled on the appellant-insurer.