S RAMESH Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) This petition is filed against the judgment dated 24.6.2011, wherein the appeal filed by insurance company was allowed and compensation awarded to claimant In MVC.No. 15/2005 on the file of MACT, Kollegal, on 27.6.2008 was set aside on the ground that accident has taken place due to negligent act on the part of claimant himself, therefore, he is not entitled to seek compensation.

(2.) Subsequent to appeal being dismissed, this petition is filed seeking review of said judgment on the ground that even assuming the claimant is not entitled to receive compensation under the head disability, he is entitled to receive compensation under Section 140 of Motor Vehicles Act towards no fault liability. In this behalf, learned counsel for petitioner relies upon the decision of Apex Court in the matter of Eshwarappa vs. C.S. gurushanthappa, 2010 AIR(SCW) 4918.

(3.) After hearing the counsel for petitioner, learned counsel for respondent and also on going through aforesaid judgment it is clearly seen that the facts and circumstances in said case do not apply to the facts of this case. In the decision referred to above, it is the case of death of a driver of vehicle. In the said proceedings no fault compensation under Section 140 of Motor Vehicles Act was awarded and while doing so, same was extended to other three persons who died in the said accident. On going through said judgment and also Section 140 of the Motor Vehicles Act. it is clearly seen that no Fault compensation in a sum of Rs.25.000/- can be awarded only in cases of death and permanent disability. In the instant case, it is neither the case of death nor permanent disability. It is with reference to certain injuries suffered by claimant. Therefore, the ratio laid down by Apex Court in the aforesaid decision does not apply to the facts of present case.