SHEIKH SABIR Vs. ISLAMUDDIN ANSARI

JUDGEMENT

(1.) The issue which crops up for determination in this appeal, under Section 173 of the Motor Vehicles Act, 1988 is whether the child, aged 17 years can be held guilty of negligence and be non suited in a claim for compensation in lieu of injuries which he has sustained in an accident caused in due course of operation of a motor vehicle.

(2.) The facts briefly are that on 14.10.2000 Respondent No. 1 riding his motor cycle bearing registration No. MP-12-5875 caused an accident to the Appellant/child of seven years. Consequent whereof, the child sustained compound fracture tibia fibula (R).

(3.) The claim petition was filed for compensation in lieu of the injuries sustained by the Appellant. The claims tribunal after taking into consideration that offending motor cycle was insured and that the same was driven rashly and negligently by Respondent No. 1 came to hold that the Appellant/claimant shall not be entitled for any compensation as it was he who was negligent in detaining himself on public road.