POORAN LAL SHARMA Vs. KARAN KUMAR AND ORS.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment dated 27.09.2014 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby the petition under Section 163A of the Motor Vehicles Act, 1988(the Act) preferred by the legal representatives of deceased Abhishek Sharma was dismissed.

(2.) AS per the averments made in the claim petition, on 14.04.2008 at about 7:55 a.m., the deceased was driving motor cycle no.DL -13 -SA -5501 which he borrowed from Karan Kumar, Respondent no.1 herein. When deceased reached Khajuri Khas Chowk Red Light, an accident occurred and the deceased suffered fatal injuries. The Appellant sued the owner of the motorcycle i.e., Respondent no.1 and its insurer Respondent no.2, claiming compensation from them for the death of the deceased.

(3.) THIS Court in Oriental Insurance Co. Ltd. v. Kavita Singal & Ors, MAC.APP.533/2009 decided on 13.01.2012 has discussed this aspect in great detail. Para 2 of the report is extracted hereunder: