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1995 Supreme(Ker) 168

K.T.THOMAS, K.S.RADHAKRISHNAN
Thomas – Appellant
Versus
Mathew – Respondent


Judgment :-

Thomas, J.

A very peculiar situation has arisen in this case. When a claimant himself is equally answerable to "no fault liability" under S.140 of the Motor Vehicles Act, 1988 (for short'the Act') along with another vehicle owner, can the former be given an award to realise compensation from the latter? The question was not easy to answer. Hence we requested Sliri. K.M. Joseph, Advocate, to help us amicus curiae. We thank him for the services rendered.

2. Before we proceed to the question we may decide the first issue whether claimant can get compensation de hors "no fault liability". The bear facts necessary to deal with the issue are Hie following: Claimant was riding a motor cycle from north to south along the public road. A car driven'by the first respondent this wife is the registered owner of the car) was proceeding from the opposite direction. Both the vehicles collided with each other at the accident spot. Appellant fell down and sustained some injuries including fracture of the bones on the left leg. He filed the claim against first respondent, his wife and the insurer for over a lakh of rupees as compensation.

3. Appellant alleged that the accident was the conseq

















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