VEERBHADRA Vs. CHANDRAKANT PRALHAD BHOSALE

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for respondent No.2.

(2.) This appeal is filed challenging the judgment and award dtd. 21/8/2015, passed in M.V.C.No.985/2013, on the file of the III Additional Senior Civil Judge and Additional MACT, Belagavi ('the Tribunal' for short) dismissing the petition filed under Sec. 163-A of the Motor vehicles Act (' MV Act ' for short).

(3.) The claimants are the legal heirs of the deceased, who met with an accident and sustained the injuries and succumbed to the injuries and hence the claim was made under Sec. 163-A of the MV Act. The Tribunal dismissed the claim petition on the ground that the deceased had borrowed the vehicle from his friend and he stepped into the shoes of the insured and hence the Insurance Company cannot indemnify the insured. No doubt, the Tribunal comes to the conclusion that he himself is negligent. However, in paragraph No.18 considered the judgment in the case of NINGAMMA AND ANOTHER v. UNITED INDIA INSURANCE CO. LTD . reported in 2009 ACJ 2020, wherein it is held that borrower steps into the shoes of the owner; owner cannot himself be a recipient of compensation as liability to pay the same is on him and referring this judgment comes to the conclusion that the claimants are not entitled for any compensation.