SUNIL S/O. BABURAO Vs. BALASAHEB BABURAO ASHTEKAR

JUDGEMENT

(1.) The appellant/original claimant impugns the judgment and award dtd. 8/11/2012 passed by the Motor Accident Claims Tribunal, Kopargaon in M.A.C.T. No. 28 of 2005, by which the claim for compensation under Sec. 163A of the Motor Vehicles Act has been dismissed by the tribunal.

(2.) Mr. A.S. Gandhi, learned advocate for the appellant/claimant submits that claimant was employed as a driver of a rickshaw bearing registration No. MH-17/K-7288, owned by respondent No.1. On 29/8/2004, while he was driving rickshaw, it turned turtle due to bad condition of road. He suffered fracture of right lower Rib. Despite medical assistance, permanent disablement to the extent of 25% subsists. He had, therefore, lodged MACP No. 28 of 2005 before the tribunal under Sec. 163-A of the Motor Vehicles Act, raising the claim for compensation from owner and insurer of the rickshaw. However, the tribunal dismissed the claim petition, holding that the claimant does not fall within the meaning of the term "victim" in terms of Sec. 163A of the Motor Vehicles Act and cannot claim compensation towards injuries suffered in an accident occurred due to his own fault.

(3.) Mr. Gandhi learned advocate appearing for appellant - claimant submits that even the driver of the vehicle against whom allegations of negligence are made can maintain claim under Sec. 163- A of the Motor Vehicles Act and without going into the aspect fault, such claim can be entertained and award can be passed against owner/ insurer of vehicle driven by him.