K. INDUMATHI Vs. M. PERIYASAMY

JUDGEMENT

(1.) The unsuccessful claimants before the Motor Accident Claims Tribunal/Subordinate Judge, Perundurai are before this Court in the appeal filed under Section 173 of Motor Vehicles Act, 1988.

(2.) The short facts of the case is that, on 26.11.2013, at about 11.15 p.m, the deceased Vasudevan, who had a valid Driving License to ride motorcycle with gear, had taken the motorcycle bearing registration No.TN-33-AA-8051 owned by Thiru.Periyasamy, without his permission. He fell from the vehicle and sustained head injury and died on the spot due to shock and haemorrhage. The post-mortem report indicates the head injury has caused loss of his brain substance.

(3.) The Claim Petition filed under section 163-A of the Motor Vehicle Act, by his widow, minor daughter and mother was dismissed by the Tribunal as not maintainable. Stating that, the deceased is the borrower of the vehicle from its owner and as per the dictum of the Hon'ble Supreme Court laid in Ningamma vs. United India Insurance Company Limited, 2009 ACJ 2020(SC), the deceased is neither a third party nor employee under the owner. As a borrower of the vehicle, he had entered into the shoes of the owner. So, the insured/owner is not vicariously liable to pay the borrower of his vehicle. The insurer is also not responsible to indemnify the owner, since there is no insurance coverage to the tort-feasor/borrower of the vehicle.