Basant, J.

Where two vehicles are involved in an accident and the driver/rider of one vehicle suffers injury on account of his own alleged negligence is he entitled to sustain a claim under Section 163A of the Motor Vehicles Act against the owner and authorized insurer of the other vehicle involved in the accident? This is the crucial question arising for consideration before us.

2. On fundamental facts there is no dispute. The claimants are the legal heirs of a deceased person who was riding his motorcycle at the time of the accident. On that motorcycle, in addition to the rider there were two pillion riders. When the deceased was riding that motorcycle, that motorcycle was involved in an accident. There was a collision between that motor cycle and another motorcycle. In that, other motorcycle there was one rider and one pillion. All the five persons who were traveling in the two motor cycle suffered injuries. One of them, the rider of motorcycle No.1 (we will hereafter refer to the said vehicle bearing No.KL 7F – 4196 as motor cycle No.) succumbed to the injuries. Claimants are the legal heirs of the said rider.

3. The claimants staked their claim for compensation un