VIMALA S Vs. CHIKKAHANUMANTHAIAH

JUDGEMENT

(1.) THE appellants are aggrieved by the order dated 27-9-1995 in M V C No. 3086/92 on the file of the M A C T X Bangalore rejecting their petition filed under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act for short ).

(2.) ). The appellants are the widow and children of the deceased G. Narasimha Murthy, who died on 3-6-1992 due to the injuries he suffered in a scooter accident. According to the appellants the deceased-Krishnamurthy was driving the scooter on 2-6-1992 at about 12-20 noon through M E S Road and at that time a monkey suddenly crossed the road and in order to avoid hitting the monkey, he applied sudden brake and losing control of the vehicle he fell down and sustained serious injuries resulting in his death on the next day at NIMHANS Bangalore. That the deceased drove the scooter on the instructions of its owner the I-respondent, who entrusted him with some work. That the scooter was insured with the II-Respondent-Insurance Company. The appellants claimed a compensation of Rs. 25,000/- under the no-fault liability provision, Section 140 of the Act.

(3.) THE first respondent owner of the vehicle remained ex parte and only the second respondent-Insurance Company filed objections and contested the petition mainly on the ground that the deceased suffered fatal injuries due to his own negligence and Section 140 does not apply to such a situation and the petition was, therefore, not maintainable. The M A C T after hearing the parties, has dismissed the petition on the ground that the deceased died due to his own fault and under such circumstances the petitioners who are the LRs of the deceased are not entitled to any compensation under no fault liability basis.