K.T. Thomas, J. - (1.)A very peculiar situation has arisen in this case. When a claimant himself is equally answerable to "no fault liability" under Sec. 140 of the Motor Vehicles Act, 1988 (for short 'the Act') along with another vehicle owner, can the former be given an award to realise compensation from the latter? The question was not easy to answer. Hence we requested Sri. K.M. Joseph, Advocate, to help us amicus curiae. We thank him for the services rendered. Before we proceed to the question we may decide the first issue whether claimant can get compensation de hors "no fault liability". The bare facts necessary to deal with the issue are the following ; Claimant was riding a motor cycle from north to south along the public road. A car driven by the first respondent (his wife is the registered owner of the car) was proceeding from the opposite direction. Both the vehicles collided with each other at the accident spot. Appellant fell down and sustained some injuries including fracture of the bones on the left leg. He filed the claim against the first respondent, his wife and the insurer for over a lakh of rupees as compensation.
(2.)Appellant alleged that the accident was the consequence of first respondent's negligence in driving the car. Respondents on the other hand contended that the car was driven through its proper side and the collision took place on account of claimant's negligence in riding the two wheeler.
(3.)The Motor Accidents Claims. Tribunal (for short 'the Claims Tribunal') found that the accident occurred due to the negligence of the claimant. Claim was accordingly dismissed in toto. However, Claims Tribunal made an assessment of the compensation which claimant could have been awarded had the claim been sustainable. This appeal is by the claimant in challenge of the said award.
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