NATIONAL INSURANCE COMPANY LTD Vs. SRINIVAS; CHANDRASHEKAR; UNITED INDIA INSURANCE COMPANY; DINESH PRABHU

JUDGEMENT

(1.) The Insurer of the Mahendra Voyager bearing registration No.KA 19 MA 7747 aggrieved by the finding fastening the liability to pay compensation by Judgment and Award dated 9.2.2010 in MVC No.189/2003 of the Motor Accident Claims Tribunal, Puttur, D.K., [for short 'MACT'], has presented this appeal.

(2.) Learned Counsel for the Appellant submits that the claim petition invoking Section 163A of the Motor Vehicles Act, 1988, [for short 'the Act'], seeking compensation for injuries suffered by the driver of Mahendra Voyager who was himself negligent in driving the motor vehicle is not maintainable and therefore the MACT ought to have dismissed the petition.

(3.) Per contra, learned Counsel for the Claimant-Driver submits that the petition invoking Section 163A of the Act is maintainable since inserted in the Act as an exception to award of compensation based upon structured formula and merely because the accident occurred due to the negligence of the claimant himself is not a defence to an application under Section 163A of the Act. Hence, the petition cannot be said to be not maintainable.