MALKIAT KAUR Vs. SALINDER VERMA

JUDGEMENT

(1.) The appellants have filed the present appeal against the award dtd. 8/11/2013 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as 'the Tribunal') dismissing the claim petition filed under Sec. 163-A of the Motor Vehicles Act, 1988 (for short 'the Act').

(2.) The brief facts necessary for adjudication of the present appeal are that a motor vehicular accident took place on 8/3/2012. Ravi Dutt (deceased) along with Raj Singh, Sunil Kumar and Pardeep, was going from Kurukshetra to village Khijarpura in car bearing registration No.HR-07-J- 7796, being driven by Ravi Dutt. At about 4:30 p.m suddenly a stray cow came in front of the car and in the process of saving the cow, Ravi Dutt lost control over the car and hit into safeda tree standing adjacent to the road, as a result, the car was turned over and Ravi Dutt died at the spot due to the injuries sustained in the accident. A claim petition under Sec. 163-A of the Act was filed by the widow, minor daughter and parents of the deceased.

(3.) The Tribunal after considering the facts and appreciating the evidence on record held that the claimants are not entitled to any compensation as deceased was the borrower of the vehicle.