RAJBIR SINGH Vs. HEMANT KUAMR

JUDGEMENT

(1.) THE present appeal is filed seeking to impugn the Award dated 19.07.2012.

(2.) THE brief facts which led to filing of the claim petition are that on 24.09.2009 one Sh.Ravi Kumar, the deceased along with respondent No.1 was going on a motorcycle through village Palli, PS Baghpat, U.P. Suddenly a cow came in front of the vehicle. The motorcycle struck the cow and the occupants of the motorcycle fell down. Sh.Ravi Kumar received injuries on his head and subsequently succumbed to his injuries. Respondent No.1 was driving the motorcycle. The vehicle was owned by respondent no.2.

(3.) THE Tribunal noted the testimony of PW -1 who had deposed that he is the father of the respondent No.2 and at her marriage he had given the motorcycle to his daughter. The motorcycle was borrowed by the deceased on the date of the accident though it was being driven by respondent No.1 who was a neighbour and a friend of the deceased. In this background, respondent No.3 Insurance Company has pointed out that the present claim petition having been filed under Section 163A of the M.V.Act, the deceased who had borrowed the motorcycle from the owner i.e. respondent No.2 stepped into the shoes of the owner. Hence, a petition under Section 163 A would not lie as an owner cannot file a petition against himself. The petition was dismissed.