UNITED INDIA INSURANCE CO LTD Vs. THIRUGNANA SAMBANTHAM

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company aggrieved by the award of the Tribunal which has fastened the liability on the Insurance Company to pay a sum of Rs.12,98,199/- to the claimant, for the injury sustained in the accident occurred on 23.01.2013.

(2.) The main contention of the Appellant/Insurance Company is that the claimant while riding his Hero Honda Splendor bearing registration No.TN02-AH-8488 owned by one Karthick and insured under the Appellant/Insurance Company, lost his control while passing through Quaid-E-Millath College opposite to Bala Medical on Velacherry Main Road, Medavakkam. He dashed against a pedestrian and fell from the vehicle and got multiple grievous injury including head fracture, nozzle bone fracture, left side hip fracture, cheek bone fracture and jaw dislocation. He was admitted in Global Health City Hospital, Chennai, from 24.01.2014 to 01.02.2014 as inpatient and got discharged. The accident occurred due to his own negligence and therefore, not entitled for any compensation. However, this application filed under Section 163(A) of Motor Vehicle Act was entertained by the Motor Accident Claims Tribunal and Rs.12,98,199/- was awarded payable by the Insurance Company.

(3.) The Learned Counsel appearing would submit that the claimant has asserted his monthly income as Rs.6,000/- but, he has filed a claim petition under Section 163(A) of Motor Vehicle Act, which is restricted only to the claimants whose income is less than Rs.40,000/- p.a. The claimant himself being the tortfeasor, he is not entitled for any compensation under Section 163(A) of the Motor Vehicle Act, which does not contemplate payment of compensation to tortfeasor. This Section only exempt the claimant proving negligence but does not give right to claim damages for his own fault.