NEW INDIA ASSURANCE CO. LTD Vs. PATASO

JUDGEMENT

(1.) This appeal has been filed by the Appellant-Insurance Company against the Award dated 24.5.2010, passed by the Motor Accident Claims Tribunal, FTC, Sonipat (for short the Tribunal) for the grant of compensation to the claimants. Learned counsel for the appellant contended that the deceased borrowed the motor cycle from the owner, thus he steps into the shoes of the owner. His Legal heirs are not entitled to maintain application for compensation under section 163-A of the Motor Vehicles Act. He submits that as per the terms and conditions of the insurance policy, the driver is not covered under the insurance cover. The motor cycle was borrowed by deceased from his brother, real owner. Therefore, the Insurance Company is not liable to indemnify the Award. In support of his contentions, he relied upon Ningamma and Anr. v. United India Insurance Company Ltd., 2009 3 RCR(Civ) 435.

(2.) On the other hand, learned counsel for respondents No. 1 & 2 submits that the Ld. Tribunal rightly granted compensation to the claimants.

(3.) I have heard the learned counsel for the parties and perused the case file carefully.