SADIQ BASHA Vs. A SIVARASAN

JUDGEMENT

(1.) Aggrieved by the dismissal of the Claim Petition before the Tribunal filed by the claimant seeking for compensation of Rs.1,75,000/- under Sections 140 and 166 of the Motor Vehicles Act, for the injuries sustained by him, the claimant has come forward with this appeal.

(2.) The Tribunal rejected the claim petition in respect of the motor accident, wherein, the fault was attributed to the claimant himself. According to the appellant-claimant, while he was riding his two-wheeler TVS-50 bearing Registration No.TN-36-D-4869 on 26.10.2000 at about 4.50 p.m., another two wheeler TVS-50, bearing Registration No.TN-36-D-2556, coming in the opposite direction, dashed against the appellant's vehicle and in the impact, the said person who was coming in the opposite direction, is stated to have died on the spot and the appellant-claimant was thrown away from the vehicle, as a result of which, he sustained grievous injuries, namely fracture on the right cheek and also on the occipital region of the brain. Hence, the appellant-claimant claimed a compensation of Rs.1,75,000/-.

(3.) The second respondent-Insurance Company contended that as a result of the accident, the driver of the vehicle in the opposite direction, namely TVS-50, bearing Registration No.TN-36-D-2556 died on the spot and as per Ex.P-1 FIR and the evidence of the claimant as PW1, it is very clear that the Police has registered a complaint against the appellant-claimant as a person who has driven the vehicle in a rash and negligent manner and that the accident took place due to the direct impact of both the vehicles. The investigation of the Police categorically stated that the vehicle impact has occurred only because of the rash and negligent driving of the appellant-claimant. Further, the claimant had also been convicted before the Criminal Court for the offence of rash and negligent driving and he has also paid the fine of Rs.3,300/- by accepting his liability to pay the same. Therefore, the Tribunal has come to the conclusion that in view of the fact that the appellant-claimant has himself has accepted the guilt and paid the fine amount, he cannot claim any compensation much less even the compensation under "no fault" liability, and hence, the Tribunal dismissed the Claim Petition.