ASHA ARORA,J. - (1.) Insurer This appeal under section 173 of the Motor Vehicles Act, 1988 (hereafter the 'Act') is at the instance of an unsuccessful claimant, who had approached the relevant motor accident claims tribunal with an application under section 163A thereof.
(2.) The claimant/appellant (hereafter the 'appellant') was the driver of a bus. It met with an accident resulting in the death of three passengers. The appellant also sustained injury as a result of the accident. An F.I.R. was registered and investigation thereof culminated in filing of a police report (charge sheet) under section 173 of the Code of Criminal Procedure, 1973, inter alia, charging the appellant with an offence punishable under section 304 of the Indian Penal Code.
(3.) The claim application was dismissed by the tribunal by the impugned judgment and award dated March 31, 2014 on the ground that the appellant having been booked under section 304 of the Indian Penal Code, which is a sessions triable offence, he is not entitled to maintain the claim application. The relevant portion from the impugned award reads as follows: "Hence in the instant case the claimant being the principal offender in a case u/s. 304 I.P.C. has no scope to come before this forum for claiming compensation for his own wrongful act which resulted in the death of many innocent passengers, rather the claimant herein is to be held solely liable for the tragic accident that took place on 19.3.10 as had the claimant while driving the offending vehicle been alert and careful, the question of the offending bus dashing against the electric post and thereafter against a tree could had been arisen. In view of the above discussion this Tribunal holds that the claimant Gopal Chandra Mondal being sole responsible for the accident dated 19.3.10 cannot in any way be compensated for his own wrongful act......";