High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Deceased Driver Not a Bar to Claim Under Section 166 of MV Act. The court held that the Motor Vehicles Act is a social welfare legislation and self-negligence does not bar a claim under Section 166.

High Court: Gujarat High Court In Favour of Prosecution

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2026-05-19 01:57:58

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Case Note & Summary

The appellant, Reliance General Insurance Co Ltd, filed an appeal against the judgment and award dated 13.06.2022 passed by the Motor Accident Claims Tribunal (Auxi.), Rajkot District at Jepur in MACP No.174 of 2018. The brief facts are that on 11.09.2018, the deceased, Md. Safruddin Tahir Saikh, was driving a truck bearing registration No. GJ-03-AT-4311 from Mumbai to Jetpur. Near the signboard of village Kural on the Padra–Jambusar Road, the said truck collided with an oncoming truck bearing registration No. GJ-03-BT-2459. As per the FIR, the accident occurred as the deceased was driving his truck on the wrong side and dashed against the oncoming truck. The deceased sustained serious injuries and succumbed to the said injuries during treatment at the hospital. The learned advocate for the appellant submitted that the learned Tribunal committed an error in appreciating the evidence and that the deceased driver himself was negligent, and in case of self negligence, the petition is not maintainable under Section 166 of the MV Act. The learned advocate for the respondents opposed the appeal. The court considered the submissions and held that the negligence of the deceased driver is not a bar to maintain a claim under Section 166 of the MV Act, as the Act is a social welfare legislation. The court found no merit in the appeal and dismissed it.

Headnote

A) Motor Vehicles Act - Section 166 - Maintainability of Claim - Self-Negligence - The issue was whether a claim petition under Section 166 of the Motor Vehicles Act, 1988 is maintainable when the deceased driver himself was negligent. The court held that negligence of the deceased driver is not a bar to maintain a claim under Section 166 of the MV Act, as the Act is a social welfare legislation. The appeal was dismissed. (Paras 1-5)

Issue of Consideration

Whether the claim petition under Section 166 of the Motor Vehicles Act, 1988 is maintainable when the deceased driver himself was negligent?

Final Decision

The appeal is dismissed. The judgment and award dated 13.06.2022 passed by the Motor Accident Claims Tribunal (Auxi.), Rajkot District at Jepur in MACP No.174 of 2018 is confirmed.

Law Points

Negligence of deceased driver not a bar to claim under Section 166 of Motor Vehicles Act
1988
Compensation under Motor Vehicles Act is a social welfare legislation
Insurance company cannot avoid liability on ground of self-negligence

Case Details

2026 LawText (GUJ) (01) 159

R/FIRST APPEAL NO. 24 of 2023

2026-01-16

Hasmukh D. Suthar

Mr. Rathin P. Raval for Appellant, Nishit A. Bhalodi for Respondents

Reliance General Insurance Co Ltd

Tanjila Khatoon & Ors.

Nature of Litigation

First appeal against judgment and award of Motor Accident Claims Tribunal

Remedy Sought

Appellant Insurance Company sought to set aside the award and dismiss the claim petition

Filing Reason

Appellant contended that the deceased driver was negligent and thus claim under Section 166 is not maintainable

Previous Decisions

Motor Accident Claims Tribunal (Auxi.), Rajkot District at Jepur passed award in MACP No.174 of 2018 on 13.06.2022

Issues

Whether the claim petition under Section 166 of the Motor Vehicles Act, 1988 is maintainable when the deceased driver himself was negligent?

Submissions/Arguments

Appellant: The deceased driver was negligent and in case of self negligence, petition under Section 166 is not maintainable; compensation awarded is exorbitant. Respondents: Opposed the appeal.

Ratio Decidendi

Negligence of the deceased driver is not a bar to maintain a claim under Section 166 of the Motor Vehicles Act, 1988, as the Act is a social welfare legislation.

Judgment Excerpts

The learned tribunal has committed an error in appreciating the evidence produced on record and come to the conclusion which is against the settled principle of law. Negligence of the deceased driver is not a bar to maintain a claim under Section 166 of the MV Act, as the Act is a social welfare legislation.

Procedural History

The Motor Accident Claims Tribunal (Auxi.), Rajkot District at Jepur passed an award in MACP No.174 of 2018 on 13.06.2022. The appellant Insurance Company filed the present first appeal against that award.