Appeal against Motor Accidents Claims Tribunal's dismissal of a claim for compensation for injuries sustained while driving. Court confirmed the Tribunal's order barring recovery from insurer/owner when the driver's own negligence caused the accident.
Appeal dismissed, confirming the award and decree under challenge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA MACMA.No.1306 of 2009
JUDGMENT:
The unsuccessful petitioner in O.P.No.37 of 1999 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge (Fast Track Court), Nizamabad (for short, ‘the Tribunal’), preferred the present appeal assailing the dismissal order, dated 09.02.2005, passed in the said O.P filed under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) claiming compensation of Rs.1,20,000/- with interest at 24% per annum.
2
ASN,J MACMA.No.1306_09
seeing a cyclist, who is alleged to have suddenly come there, crossing the road, the petitioner attempted to control the speed of the motorcycle and, in that process, dashed the cyclist and fell down resulting in fracture injuries to his left hand. He claims that he was admitted in Government Hospital and was treated PW.2 - Dr. Ramulu, Orthopaedic Surgeon, and spent a sum of Rs.30,000/- towards treatment and became bedridden for quite sometime and, therefore, sought the aforesaid compensation from respondent Nos.1 and 2, who are the owner and insurer of the motorcycle, respectively.
3
ASN,J MACMA.No.1306_09
manner, caused the accident and, therefore, cannot claim compensation for the wrong committed by himself. In that view of the matter, the compensation was not determined by the Tribunal.
ASN,J MACMA.No.1306_09
4
and decree under challenge in all respects. There shall be no order as to costs.
JUSTICE A.SHANKAR NARAYANA
22.09.2016 v v
2 issues framed by the court
Whether a driver can claim compensation for his own injuries sustained due to his own rash and negligent driving under the Motor Vehicles Act.
Whether the Motor Accidents Claims Tribunal correctly dismissed the claim petition when the driver caused the accident by his own negligence.
1 provisions across 1 enactments
The unsuccessful petitioner in O.P.No.37 of 1999
New India Assurance Company Limited
Owner of registration No.AP 25 A 9366
A.Shankar Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
