(1.) THE appeal is directed against judgment dated 07.02.2007 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby in a petition under Section 163 -A of the Motor Vehicles Act, 1988(the Act), compensation of Rs.4,65,000/ - was awarded to Respondents no.1 to 4 for the death of Shiv Kumar, who died in a motor vehicular accident which occurred on 23.02.2005 at about 11:00 p.m.
(2.) RELYING on National Insurance Company Limited v. Sinitha and Ors., 2012 2 SCC 356 and Ningamma and Anr. v. United India Insurance Co. Ltd., 2009 13 SCC 710, the learned counsel for the Appellant Insurance Company contends that deceased Shiv Kumar had borrowed the two -wheeler (motorcycle) bearing no.UP -14 -N -4279 which met with an accident with an unknown vehicle. It is urged by the learned counsel that the borrower of the vehicle stepped into the shoes of the owner and this risk was not covered under the policy of insurance as only third party risk is liable to be covered. It is urged that if there was any mechanical defect in the vehicle bearing no.UP -14 -N -4279 and the accident was caused because of the same, the same ought to have been started by Respondents no.1 to 4 and even in that case, only the owner of the vehicle was liable to pay compensation under tort and this risk was not covered by the policy of insurance.
(3.) AS per the averments made in the claim petition, on 23.02.2005 at about 11:00 p.m., deceased Shiv Kumar while driving Bajaj motorcycle bearing no.UP -14 -N -4279 which was owned by Ramgopal, Respondent no.6(Respondent no.2 before the Claims Tribunal) who was the brother of deceased Shiv Kumar reached near Gopal Pur, outer Ring Road, near CNG pump, Timarpur, Delhi, when an unknown vehicle being driven in a rash and negligent manner dashed against the motorcycle resulting into injuries on the person of Shiv Kumar which proved fatal.