PRIYASWAMI ALAGAPPA ARUNBUDHI Vs. MAHASRAJAHAN RAFIQ AHMED KHAN

JUDGEMENT

(1.) HEARD Mr. M. B. Kotak appearing for the petitioner. Respondents are absent despite notice.

(2.) THE petitioner was injured in motor accident on 26. 5. 2000. The accident took place at about 6. 30 p. m. at Senapati Bapat Marg, Mahim, Mumbai when a truck owned by the respondent No. 1 knocked down the petitioner. The petitioner was badly injured and he was treated at K. E. M. Hospital. The hospital authority has issued certificate to the effect that the petitioner has suffered amputation of forefoot and 25 per cent permanent disability.

(3.) THAT the petitioner suffered partial disability as a result of the accident was not seriously disputed before the Tribunal. What is in issue is the finding of the tribunal that the accident occurred due to the alcoholism. The Tribunal has observed that the petitioner was under the influence of liquor and that the fact that he himself dashed against the motor vehicle cannot be ruled out. In other words, according to the Tribunal the accident had occurred due to negligence of the petitioner. The short question is whether provisions of section 140 of the Motor Vehicles Act, 1988 apply only when there is no negligence on the part of the injured person.