Lokendra Singh Vs. Badrilal & Anr.

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 — S.166, S.173 — Compensation — Driver's Negligence

Issues for determination

• Whether a driver, whose negligence caused the accident, is entitled to compensation under the Motor Vehicles Act.

Ratio decidendi

• A driver, whose negligence is found to be the sole cause of a motor vehicle accident, is not entitled to claim compensation under the Motor Vehicles Act for injuries sustained in that accident.

Important points

• Held: A driver found solely negligent for a motor vehicle accident is not entitled to compensation for injuries sustained therein.
• Rejected: Appellant's claim for compensation was dismissed as the accident was due to his rash and fast driving.
• Affirmed: Tribunal's finding that no disablement was proved for the appellant was upheld.
• Upheld: Tribunal's decision to not award compensation for expenses, despite acknowledging some entitlement, was affirmed due to driver's negligence.

Keywords