RELIANCE GENERAL INSURANCE COMPANY LTD Vs. BALBIR SINGH

JUDGEMENT

(1.) The insurer of motorcycle bearing registration No. HR- 31J-3820 [hereinafter referred to as 'offending vehicle'] has filed the present appeal against award dtd. 30/1/2017 passed by the Motor Accident Claims Tribunal, Jind [hereinafter referred to as 'the Tribunal'].

(2.) The brief facts necessary for adjudication of the present appeal are that on 17/10/2015, Punit alongwith his father Balbir Singh was going on the offending vehicle, which was being driven by Punit. On their way, the offending vehicle was hit by an unknown car. Due to the impact, both the riders of offending vehicle struck against a broken electricity pole. Punit sustained injuries and was taken to General Hospital, Jind where he was declared dead. FIR No. 0159, dtd. 17/10/2015 was registered.

(3.) A claim petition under Sec. 163-A of the Motor Vehicles Act, 1988 [for brevity 'the Act'] was filed. In the claim petition, it was proved that the offending vehicle was owned by one Jamsher s/o Mewa Singh. Since Punit was the borrower of the offending vehicle, the Tribunal held that claim petition under Sec. 163-A of the Act is not maintainable but awarded Rs.1,00,000.00 relying upon the fact that there was a Personal Accident Cover (PAC) for the owner of the offending vehicle as extra premium of Rs.50.00 had been paid.