R. VIJAY Vs. SHABEENA BEGUM

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the accident victim aggrieved by the dismissal of his claim petition.

(2.) The point for consideration in this appeal is : Whether the dismissal of the claim petition by the Tribunal on the ground that the petitioner being the cause for the accident and the tort-feasor is not entitled for any compensation under any of the provisions of Motor Vehicles Act,1988 is legally sustainable?

(3.) The averments in the claim petition filed under Section 163 A r/w Section 140 of the Motor Vehicles Act,1988 is that the claimant R.Vijay on 28.10.2012 at 13.00 hours while proceeding in his motorcycle bearing TN-02-AR-7107 at Perambur Barrack Road, Opposite to Otteri Police Station Quarters, Chennai from south to north, a motorcycle Honda Activa bearing Reg.No.TN-05-P-1776 driven rashly and negligently from the opposite direction came on the wrong side and hit the claimant vehicle and caused him grievous injury. The petition though filed under Section 163(A) r/w 140 of Motor Vehicles Act, 1988 under no fall liability, a specific allegation has been made against the other vehicle driver of his rash and negligent driving as the cause for the accident.