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2016 DIGILAW 2294 (HP)

Anudeep Sharma v. Himachal Roadways Transport Corporation

2016-10-28

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award, dated 7th May, 2012, made by the Motor Accident Claims Tribunal-II, Sirmaur District at Nahan, H.P. (for short ‘the Tribunal’) in Claim Petition No. 5-N/2 of 2008, titled as Shri Anudeep Sharma versus Himachal Roadways Transport Corporation & another, whereby the claim petition came to be dismissed (for short ‘the impugned award’). 2. The Tribunal has rightly made the impugned award for the following reasons. 3. Admittedly, the accident has taken place and FIR No.43/2004, dated 15.10.2004, under Sections, 279 and 338 of the Indian Penal Code was registered against claimant-Anudeep Sharma in Police Station Pachhad. Investigation was conducted and final charge-sheet came to be presented before the learned Additional Chief Judicial Magistrate, Rajgarh, Camp at Sarahan, District Sirmaur, H.P., which culminated into Criminal Case No. 10/2 of 2006/2005. After facing the trial, claimant Anudeep was sentenced and convicted vide judgment dated 30.12.2006. Copy of the judgment Ext. PW-1/B is on record. 4. In this backdrop, the Tribunal has rightly held that the accident was not caused by respondent No. 2-Narender Kumar, but was the outcome of the rash and negligent driving of the claimant himself. 5. It is a beaten law of the land that a person who has caused the accident himself, cannot claim compensation. 6. Having said so, the impugned award is upheld and the appeal is dismissed. 7. Send down the record after placing a copy of the judgment on Tribunal's file.