SUSHILA Vs. BRIJESH

JUDGEMENT

(1.) The Appellant Sushila impugns a judgment dated 22.03.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a Petition under Section 163-A of the Motor Vehicles Act, 1988 (the Act) preferred by the Appellant was dismissed. The Claims Tribunal while relying on Ningamma & Anr. v. United India Insurance Company Limited, 2009 13 SCC 710 and Oriental Insurance Company Limited v. Smt. Rajni Devi & Ors., 2009 1 ACC 297 held that since the deceased Sunil Kumar Mishra (the Appellant's son) had borrowed a two wheeler from its owner, the Respondents had no liability to pay the compensation.

(2.) It is urged by the learned counsel for the Appellant that the deceased is a poor widow and some compassion may be shown to her.

(3.) The case is squarely covered by the judgments of the Supreme Court in Ningamma and Rajni Devi as relied on by the Claims Tribunal whereby it was held that a borrower of a vehicle steps into the shoes of the owner and the owner cannot claim compensation from himself.