P.VIMALA DEVAIAH Vs. SHEIKH ABDULLA AND OTHERS

JUDGEMENT

(1.) This appeal by the claimant calls in question the judgment and award dated 30.06.2010 made by the MACT, Virajpet, dismissing the claim petition in MVC No. 175/2008 on a short ground that the claimant could claim the compensation from his own insurer.

(2.) The brief facts of the case are that: in a vehicular accident that happened on 11.01.2006, appellant's jeep bearing Registration No.KA-12-M-4826 suffered damage due to rash and negligent driving of the offending lorry bearing Registration No.KA-20-A-4087. The appellant's claim petition against the Insurer of the said lorry was negatived by the MACT on the ground that it was open to the appellant to claim the benefit of insurance from his own Insurer. Accordingly, the MACT vide judgment and award dated 30.06.2010, rejected the claim. The same is under challenge in this Appeal.

(3.) The learned counsel for the appellant-owner of the damaged vehicle vehemently contends that the provisions of section 166 of the Motor Vehicles Act, 1988 give a right to claim damages/compensation against the tort-feasor and that cannot be denied on the ground that the appellant would have claimed the benefit of insurance coverage from his own Insurer.