NATIONAL INSURANCE CO. LTD. Vs. MD. ATIKUL ISLAM

JUDGEMENT

(1.) This appeal has been directed against the Judgment and order dtd. 25/10/2010 awarding compensation of Rs.1,61,000.00 passed by the learned Member, MACT, Kamrup, Guwahati in MAC Case No. 1542/2005.

(2.) The brief facts of the case is that on 17/12/2003, the claimant was riding a motorcycle bearing registration No. AS-01/L-8432 from Guwahati to Changsari and when he reached Silemahekhaity, all of a sudden, he lost control over the vehicle and the said vehicle fell by the side of the road. As a result of the said accident, the claimant sustained grievous injuries on his person and he was admitted to the hospital. After the accident, the Kamalpur P.S. recorded G.D.E vide No. 261 dtd. 17/12/2003. At the relevant time of the accident, the alleged vehicle was duly insured with the National Insurance Company Limited.

(3.) During the trial, the National Insurance Company Limited has submitted their written statement wherein the Insurance Company has stated that the claim petition is not maintainable under Sec. 163A of the Motor Vehicles Act, as the injured driver who is the claimant was himself driving the vehicle and the accident occurred as he lost control over the vehicle and there was no negligence on the part of the owner of the vehicle. As such, the claimant who is not a third party as envisaged under Sec. 147 of the M.V. Act of 1988 cannot maintain an application even under Sec. 163A of the M.V. Act, 1988, because a person cannot be legally liable to himself for his own actions and seek compensation from himself. The person who himself caused the accident and out of whose own act the loss/injury occurred to him is not a person under the purview of Sec. 163A because the Sec. 163A was introduced by the Legislature into the M.V. Act of 1988 to provide any relief to the person who is the victim of a rash and negligent driving by another person and not for the benefit of the person who is himself responsible for causing the accident.