(1.) Heard the learned counsel for the appellant.
(2.) The appellant is the Insurance Company. The appellant seeks to disown its liability which has been fastened on the appellant by the Motor Accident Claims Tribunal, on the Claim Petition filed by the legal representatives of the deceased who was said to be riding the motor cycle which was duly insured by the appellant. It is pointed out that the deceased rider was not the owner of the vehicle. However, he had stepped into the shoes of the owner and was riding the vehicle. Secondly, it was pointed out that the pillion rider had tendered evidence in the proceedings and he had categorically made a statement before the police in the form of a complaint that the deceased was riding the motor cycle in a rash and negligent manner. Therefore, on these two counts, the learned counsel for the appellant submits that the Insurance Company is absolved of its liability and seeks that the appeal be allowed.
(3.) On the face of it, these aspects are covered, in the sense that in order to accept the contention of the Insurance Company that the deceased rider of the motor cycle had stepped into the shoes of the owner of the vehicle, it was necessary for the Insurance Company to bring on record through reliable evidence, the factual details, to establish that the rider of the vehicle had occupied the shoes of the owner and therefore, could not be treated as a third party in permitting a claim to be made in respect of his death. It is candidly admitted by the learned counsel appearing for the appellant that the record does not disclose any such evidence tendered by the Insurance Company in this regard. Secondly, it is to be noticed that insofar as the negligence attributed to the rider of the motor cycle is concerned, from the language of Section 163-A of the Motor Vehicle Act, 1988, under which provision the Claim Petition has been filed, it is clear that it is sufficient if the claimant should establish that the deceased had died as a result of the accident in which the vehicle was involved.