NATIONAL INSURANCE CO. LTD. versus ASHALATA BHOWMIK AND ORS.

Citation: [2018] 10 S.C.R. 871 · Decided: 31-08-2018 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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NATIONAL INSURANCE CO. LTD.
v.
ASHALATA BHOWMIK AND ORS.
(Civil Appeal No.9100 of 2018)
AUGUST 31, 2018
[N.V. RAMANA AND S. ABDUL NAZEER, JJ.]
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
871
[2018] 10 S.C.R. 871
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SUPREME COURT REPORTS
[2018] 10 S.C.R.
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.
Case Law Reference
[2007] 1 SCR 979
referred to
Para 8
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9100
of 2018.
From the Judgment and Order dated  15.03.2017 of the High Court
of Tripura, Agartala in MAC AP No. 25 of 2015.
K. K. Bhat for Ranjan Kumar Pandey, Adv. for the appellant.
Ms. Nidhi, Adv. for the respondents.
The Judgment of the Court was delivered by
S. ABDUL NAZEER, J. 1. Leave granted.
2. National Insurance Co. Ltd. has filed this appeal challenging
the judgment and order in MACAP No.25/2015 dated 15th March, 2017
whereby the High Court of  Tripura at Agartala has directed the appellant-
insurer to pay the compensation to the respondents awarded by the Motor
Accidents Claims Tribunal, West Tripura, Agartala (for short ‘the
Tribunal’) in a sum of Rs.10,57,800/- with interest at the rate of 8% per
annum from the date of filing of the claim petition till the date of payment.
3. The first respondent is the mother of deceased Dilip Bhowmik.
The second respondent is his wife and respondent Nos. 3 and 4 are his
children.  On 20.5.2012 at about 7.00 p.m. Dilip Bhowmik was returning
from Kathaltali to his house by driving his vehicle bearing No. TR-01-U-
0530.  When he reached near the bridge of Agartala Railway Station
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873
situated on the bye-pass under Amtali police station, he met with an
accident and sustained grievous injuries on his person.  He was initially
rushed to Dr. B.R. Ambedkar Memorial Teaching Hospital, Hapania.
Thereafter, he was referred to AGMC and GBP hospital, Agartala, where
he was declared dead. At the time of the accident he was aged 43
years. The respondents alleged that the deceased was a businessman
and his monthly income was Rs.15,000/-. They filed a claim petition
seeki

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