UNITED INDIA INSURANCE CO. LTD. Vs. B. SUDHA

JUDGEMENT

(1.) The civil miscellaneous appeal is filed against the judgment and decree dated 13.11.2014 passed in M.C.O.P.No.5885 of 2011.

(2.) The facts in nutshell as narrated in the claim petition are that on 10.07.2011 at about 2.00 hours, when the deceased was riding the first respondent's motor cycle bearing Registration No.TN 10 AB 1557 and proceeding in Tambaram Maduravoyal Byepass Road, near tollgate, at that time, an unknown motor cycle came in a rash and negligent manner hit the motor cycle of the deceased thereby the deceased lost control and hit the Center Median and he fell down on the road. As a result, the deceased sustained fatal injuries all over his body and died on 15.07.2011.

(3.) The first respondent Mr.V.Dilli babu is the owner of the vehicle and the second respondent is the Insurance Company. Accordingly, the claim petition is filed against both the respondents. The appellant United India Insurance Co. Ltd. mainly raised a question regarding the maintainability of the claim petition under Section 163-A of the Motor Vehicles Act. The counter filed by the second respondent also reveals that they have raised a point in respect of the maintainability of the petition under Section 163-A of the Act. In the present case, the deceased borrowed the vehicle from the first respondent and riding the same and sustained multiple injuries and died. Thus the deceased stepped into the shoes of the owner and therefore the claim petition under Section 163-A of the Motor Vehicles Act is not maintainable. The Tribunal has not considered the maintainability of the claim petition, however, proceeded on the basis of the accident occurred and accordingly has fixed the compensation.