G KOTTEESWARAN Vs. P VENKATESAN

JUDGEMENT

(1.) This appeal is directed against the award passed by the Motor Accidents Claims Tribunal (V Court of Small Causes), Chennai in MACT.O.P.No.2727 of 1991 dated 4.8.1994. The unsuccessful petitioner/claimant is the appellant herein. He filed the petition claiming compensation of a sum of Rs.1 lakh on the ground that while he was proceeding in his motorcycle bearing No.TMZ.662 in Periyar Salai, Chennai at about 8 p.m. on 28.9.1991 in east-west direction, another motorcycle coming in opposite direction tried to overtake a bus belonging to Pallavan Transport Corporation and dashed against the motorcycle driven by the claimant as a result of which the accident had occurred and the claimant sustained injuries and hence, a sum of Rs.1 lakh was claimed as compensation for the injuries sustained by him.

(2.) The plea of the claimant that the accident had occurred due to rash and negligent driving of the driver of the motorcycle coming in the opposite direction was denied by the first respondent/owner of the motorcycle who drove the vehicle coming in opposite direction and also by the Insurance Company. The Pallavan Transport Corporation which was impleaded as the third respondent in the claim petition also denied the case of the claimant that the Pallavan Transport Corporation was in any way responsible for the accident. The Motor Accidents Claims Tribunal (hereinafter referred to as 'the Claims Tribunal'), on the basis of evidence, came to the conclusion that the plea of the claimant that due to rash and negligent driving of the motorcycle coming in the opposite direction, the accident had occurred was not correct. The Claims Tribunal found that the claimant has driven his motorcycle on the wrong side of the road crossing the yellow line and only due to the rash and negligent driving of the claimant the accident had occurred. The Claims Tribunal also found that the bus belonging to Pallavan Transport Corporation was not in any way involved in the accident. The Claims Tribunal held that the claimant was solely responsible for the accident, however, considered other issues including the amount of compensation payable to the claimant and fixed the compensation at Rs.32,593/-.

(3.) One other point that was raised by the claimant before the Claims Tribunal was that though the appellant was at fault, since he sustained injuries as the result of the accident, the Insurance Company as well as the Pallavan Transport Corporation would be liable to pay compensation under the head, 'no fault liability'. The Claims Tribunal relied upon the decision of this Court in the case of NEW INDIA ASSURANCE CO. LTD. v. MEENAL AND OTHERS (1993 ACJ 522) and held that since the accident had occurred due to the negligence of the claimant and no wrong was committed either by the owner of the motorcycle coming from the opposite direction or by the driver of the bus belonging to the Pallavan Transport Corporation, the Insurance Company as well as the Pallavan Transport Corporation was not required to pay any amount of compensation in the absence of any liability being imposed on them. In the result, the Claims Tribunal dismissed the claim petition. It is against the order of the Claims Tribunal, the present appeal has been preferred.