SUBHASHINI MISHRA Vs. MAHAVEER PARSHAD

JUDGEMENT

(1.) THE Appellants who are the legal representatives (being parents) of the deceased Raj Kumar Mishra filed a Petition under Section 163-A of the Motor Vehicles Act (the Act) on the ground that while driving a two wheeler No.DL-8S/Z-3238 on 01.02.2006, the deceased met with an accident resulting into his death.

(2.) REGARDING the manner of the accident, the Claims Tribunal found that the involvement of no other vehicle was proved in the accident. Relying on Ningamma & Anr. v. United India Insurance Company Limited, (2009) 13 SCC 710, the Claims Tribunal held that the deceased who was driving the motor cycle after borrowing the same from the owner stepped into the shoes of the owner of the motor cycle and since he was not a third party, the Insurance Company was not liable to pay the compensation.

(3.) THERE is no infirmity or error in the impugned judgment.