SIVAGAMI Vs. K. PRIYA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Claimant challenging the Award passed by the MACT, Chennai in MCOP No.3278 of 2019, dismissing the Claim Petition on the ground that the Claim Petition is not maintainable under Sec. 163-A of the Motor Vehicles Act.

(2.) The case of the Claimants is that they are the Parents of the deceased Gokul Dass and that on 23/9/2018 at about 12.15 p.m. the deceased was riding a Motorcycle and was proceeding towards Kanchipuram. Nearing Vandalur-Wallajah Road, the Motor Bike skidded and the deceased fell down. He later succumbed to the injuries. It is under these circumstances, the Claim Petition was filed before the Tribunal seeking for Compensation under Sec. 163-A of the Motor Vehicles Act.

(3.) The Tribunal came to a conclusion that the deceased Gokul Dass was not the Owner of the vehicle and that he had borrowed the vehicle from the Registered Owner and while driving the vehicle, it skidded and as a result, the deceased sustained grievous injuries and later succumbed to the injuries. In view of the same, the Claimants claiming for Compensation on the demise of the deceased will not be entitled to maintain the claim under Sec. 163-A of the Motor Vehicles Act.