SAROJ AND ORS. Vs. ASHOK KUMAR AND ORS.

JUDGEMENT

(1.) This is an appeal against award dtd. 13/3/2018 passed by the Motor Accidents Claims Tribunal, Fatehabad (for brevity 'the Tribunal') dismissing the claim petition filed under Sec. 163-A of the Motor Vehicles Act, 1988 (for brevity 'the Act') relying upon the decision of the Supreme Court in Ningamma v. United India Insurance Co. Ltd. , 2009 ACJ 2020 (SC), holding that the deceased was not a third party. He was driving the motor cycle owned by respondent No. 1 who was the pillion rider.

(2.) Brief facts of the case are that on 7/12/2016, Subhash was riding motor cycle bearing registration No. HR 22-M 4893 whereas Ashok, who was the registered owner of the motor cycle, was pillion rider. When they reached near village Kumharia, Tehsil and District Fatehabad, a nilgai came in front of the motor cycle. As a result, Subhash lost his control and fell down. He sustained grievous injuries and succumbed to the injuries. DDR No. 29, dtd. 8/12/2016, was reported.

(3.) Learned counsel for the appellants contends that the deceased was a third party as the owner was the pillion rider on the motor cycle.