NEW INDIA ASSURANCE COMPANY LIMITED Vs. SUJATHA

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 25.11.2002 made in M.C.O.P.No,315/2001 on the file of the Motor Accident Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate) at Vellore). In the claim petition it is stated that on 3.12.1998 at about 00.30 hours while one Sivaperumal was riding his Yamaha two wheeler bearing Registration No.TN-23-B-9403 towards Vellore, it was skid, he fell down and he died on the spot. A case was registered in Cr.No,469 of 1998 under Section 279, 338 and 304(A) I.P.C. First claimant is wife of the deceased and the second claimant is mother. Hence, a sum of Rs.50,000/- is claimed as compensation on the principle of no fault liability.

(2.) IN the counter it is stated that the petition is not maintainable. There is no privity of contract between this respondent and the claimants. The deceased risk is not covered in the policy. As per the policy conditions, if the driver-cum-owner drove the vehicle involved in the accident is not entitled to compensation. He himself rode the vehicle. Only if comprehensive policy was taken the claimant could claim the compensation. Hence the petition is not maintainable under Section 140 of the Motor Vehicles Act. The petition has to be dismissed.

(3.) FOLLOWING the principles laid down in the above said decision, it has to be held that since the deceased being the owner, who rode the motor cycle at the time of accident, caused accident by his own negligence, invited the trouble, the Insurance Company is not liable to pay compensation to the claimants. In such view of the matter, the award passed by the Tribunal deserves to be set aside and accordingly set aside. 6. In fine, the Civil Miscellaneous Appeal is allowed. No costs. The appellant is permitted to withdraw the deposit amount.