ANBURAJ JOEPH Vs. BASKAR

JUDGEMENT

(1.) These Civil Miscellaneous Appeals arise out of the common award, dtd. 16/12/2010 passed in MCOP Nos.121, 122, 123 and 125 of 2011 by the Additional District and Sessions Judge (Fast Track Court II), Tirunelveli.

(2.) The brief case of the claimant are as follows:-

(3.) The second respondent namely the Royal Sundaram Alliance Insurance Company filed a counter disputing the manner of accident by stating that the accident occurred, due to the rash and negligent driving of the driver of the Maruti Zen as he alone, drove the car in a rash and negligent manner and caused the accident. Therefore, an FIR was filed against him under Ex.P1. Since the claim has been made by the tort-feaser himself not by a third party, he has no right to claim amount. The insured vehicle was driven slowly and in compliance with traffic rules. The driver of the Maruti Zen was the wrong doer. The legal heirs cannot claim any compensation for the own wrong. Therefore, the insurance company is not liable to pay compensation. The question of vicarious liability will not arise when a claim is made by tort-feasor. So, the Insurance Company as well as the owner of the Scorpio Car are not liable to pay any compensation to the claimants.