NATIONAL INSURANCE COMPANY LTD. Vs. THAN SINGH

JUDGEMENT

(1.) This Appeal is directed against a judgment dated 17.09.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby in a Petition under Section 163 of the Motor Vehicles Act, 1988 (the Act) a compensation of Rs. 3,27,360/- was awarded in favour of the Respondent No.1.

(2.) According to the case set up by the First Respondent (Petitioner before the Claims Tribunal) on 26.07.2009 he (the Claimant) was driving truck NoDL-1LE-3781 from Delhi to Kanpur. The truck rammed against a Roadways bus No.UP-91-9687 due to the failure of the steering of the truck resulting into injuries to the First Respondent (the Claimant).

(3.) During inquiry before the Claims Tribunal a contention was raised that since the first Respondent (the Claimant) himself was driving the truck in question, he stepped into the shoes of the owner and was not entitled to any compensation. In the alternative, it was stated that if at all the First Respondent was to get any compensation it could be only as an employee under the Workmen's Compensation Act for having suffered an employment injury.