RIYANA ISHAQUE KAZI Vs. PUSHPA R SHEVA

JUDGEMENT

(1.) ADMIT . By Consent of the parties, the appeal is taken for final hearing.

(2.) THIS Appeal is directed against the judgment and award dated 15th June, 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995 filed under section 163A of Motor Vehicle Act. The appellant is the original claimant, who has filed an appeal against the judgment and award passed by the Tribunal dismissing his application on the ground that the victim himself was negligent and the defence of wrongful act and neglect on the part of the victim adopted by the insurance company was fully accepted by the learned Member, Tribunal. Thus, the question involved in this appeal is whether the defence of fault liability of the victim/claimant is available to the insurance company or owner in the proceedings filed under Section 163A of the M.V. Act or not?

(3.) THERE is no dispute that the principle of no fault liability is in favour of the applicant against the owner/driver of the offending vehicle when application is filed under section 163A of the Act. The applicant is absolved from the burden of proving any negligence on the part of the driver or the owner of the vehicle concerned.