Case Note & Summary
The case involves an appeal by The Oriental Insurance Co., Ltd. against a judgment and award dated 29.3.2007 passed by the Motor Accidents Claims Tribunal (MACT), Bangalore, in MVC.No.2355/2001. The Tribunal had awarded compensation of Rs.4,26,900/- with interest at 6% per annum to the respondents (claimants), who are the legal representatives of the deceased M.Arunkumar @ Arun. The deceased was the rider of a motorcycle (bearing No.KA-10/E.2464) which, on the intervening night of 5th and 6th July 2000, was involved in an accident. According to the complaint (Ex.P1), the deceased was driving the motorcycle in a rash and negligent manner and dashed against a vehicle stopped near a railway level crossing at Allalasandra Check Post. The deceased died in the accident. The claimants, being his parents, sisters, and others, filed a claim petition seeking compensation. The Tribunal held the insurance company liable to pay compensation. The insurance company appealed under Section 173(1) of the Motor Vehicles Act, 1988, contending that the deceased was the tortfeasor and not a third party, and therefore, his legal representatives are not entitled to compensation. The court agreed with the insurance company, noting that the accident was caused by the deceased's own rash and negligent driving. The court held that the legal representatives of a tortfeasor cannot claim compensation for his death, as the deceased himself was the wrongdoer. Consequently, the court allowed the appeal, set aside the award of the Tribunal, and dismissed the claim petition. No order as to costs.
Headnote
A) Motor Accident Claims - Tortfeasor's Death - Compensation - The legal representatives of a deceased tortfeasor cannot claim compensation for his death when the accident was caused solely by his own rash and negligent driving. The insurance company is not liable to indemnify the insured for his own death in such circumstances. (Paras 2-5) B) Motor Vehicles Act, 1988 - Section 173(1) - Appeal - The insurance company can challenge the award of compensation to the legal representatives of the deceased tortfeasor on the ground that the deceased was the tortfeasor and not a third party. (Para 1)
Issue of Consideration
Whether the legal representatives of a deceased tortfeasor (the rider of the motorcycle who caused the accident) are entitled to compensation under the Motor Vehicles Act, 1988, and whether the insurance company is liable to pay such compensation.
Final Decision
Appeal allowed; judgment and award dated 29.3.2007 in MVC.No.2355/2001 set aside; claim petition dismissed. No order as to costs.
Law Points
- Tortfeasor cannot claim compensation for own negligence
- No liability of insurer for death of insured tortfeasor
- Section 173(1) MV Act appeal
- Motor Vehicles Act
- 1988
