NEW INDIA ASSURANCE COMPANY Vs. RAMBABU

JUDGEMENT

(1.) Appellant submits that in this case, the claim has been filed by the respondent against the person from whom he borrowed the vehicle i.e to say, the claim is against the owner and thus the claim was not maintainable under Section 163-A of the Motor Vehicles Act.

(2.) The law in this regard is quite clear as enhanced by Hon'ble the Supreme Court in the case of Ningamma and others vs. United India Insurance Co. Ltd., 2009 ACJ 2020. In this case, the observations made as below are relevant which are reproduced here as under:-

(3.) With the same fact is another judgment delivered by the Apex Court in the case of New India Assurance Company Ltd vs. Sadanand Mukhi and others, 2009 1 TAC 425.