Motor Vehicles Act, 1988 – s.166 – Fatal accident – Victim while driving his vehicle met with an accident and died – Claim petition u/s.166 – Tribunal granted compensation of Rs.10,57,800/- – High Court upheld the compensation determined by the Tribunal – On appeal, held: The accident had occurred due to the harsh and negligent driving of the deceased – No other vehicle was involved in the accident – Deceased was himself responsible for the accident – Deceased being the owner of the offending vehicle was not a third party within the meaning of the Act – A Claimant cannot maintain a claim on basis of his own fault or negligence – Thus, respondents being LRs of the deceased could not have maintained the claim petition u/s.166 of the Motor Vehicles Act – However, since the indemnification extended to personal accident of the deceased limited to Rs.2,00,000/- under the contract of insurance, the respondents entitled to the said amount towards compensation.
Allowing the appeal, the Court
HELD: 1. It is an admitted position that the deceased was the owner-cum-driver of the vehicle in question. The accident had occurred due to the rash and negligent driving of the vehicle by the deceased. No other vehicle was involved in the accident. The deceased himself was responsible for the accident. The deceased being the owner of the offending vehicle was not a third party within the meaning of the Act. The deceased was the victim of his own action of rash and negligent driving. A Claimant, cannot maintain a claim on the basis of his own fault or negligence and argue that even when he himself may have caused the accident on account of his own rash and negligent driving, he can nevertheless make the insurance company to pay for the same. Therefore, the respondents being the LRs of the deceased could not have maintained the claim petition filed under Section 166 of the Motor Vehicles Act. [Para 7] [874-B-D]
2. The High Court was not justified in directing the appellant/insurer to pay the compensation determined by the Tribunal. Since the indemnification extended to personal accident of the deceased is limited to Rs. 2,00,000/- under the contract of insurance, the respondents are entitled for the said amount towards compensation. Hence, the appellant is directed to deposit the said sum of Rs. 2,00,000/- with interest @ 9 per cent per annum. [Para 9] [875-A-B]
Oriental Insurance Co. Ltd. v. Jhuma Saha (Smt) and Ors. (2007) 9 SCC 263 : [2007] 1 SCR 979 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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