National Insurance Co. Ltd. vs Gonti Eliza David And Ors. on 26 October, 1983
16. The observations made in a Bench decision of the Bombay High Court in National Insurance Co. Ltd. v. Gonti Eliza David 1984 ACJ 8 (Bombay) : 1984 (1) ACC 240, also give support to the above view to some extent. It is no doubt true that if the driver had suffered the injury due to his rash and negligent driving, a claim under Section 110-A of the Motor Vehicles Act could not have been Maintainable for the doctrine of res ipsa loquitur (Sic. volenti non fit injuria), as a person cannot claim advantage for his own wrong.