Petitioner in M.V.C. No. 1206 of 1998 has filed a claim petition seeking compensation for the personal injuries sustained in a motor vehicle accident. The Tribunal has awarded a compensation of Rs.35,000/- with interest at 6% per annum from the date of petition till payment. The Tribunal has: directed the owner and insurer of the vehicle to pay the compensation. Aggrieved by this order, the insurer is in appeal.

2. The Division Bench of this Court in the case of Appaji (since deceased) and Another v M. Krishna and Another, has held that the provisions of Section 163-A of the Motor Vehicles Act, 1988 would not apply in a case where the victim himself is negligent in causing the accident and no compensation could be paid in such cases. It is further laid down that in a case of composite negligence of involvement of two vehicles causing the accident irrespective of negligence of vehicle pertaining to the petitioner, a claim under Section 163-A of the Motor Vehicles Act would lie and when the owner of the offending vehicle and the insurer would be liable to pay the compensation. In this case, it is argued that it is the case of sale negligence of the petitioner and there is no