GURMEET KAUR Vs. SULTAN SINGH

JUDGEMENT

(1.) The present appeal has been filed being aggrieved of the award dtd. 24/10/2017 passed by the Motor Accident Claims Tribunal, Ambala (for short, 'the Tribunal'), whereby the claim petition filed by the appellants under Sec. 163-A of the Motor Vehicles Act, 1988 (for short, 'the Act') on account of the death of Baljeet Singh was dismissed.

(2.) The facts as emanating from the record are that on 19/6/2016, Baljeet Singh had gone to village Brahman Majra and was levelling the land of Anil Kumar with a tractor bearing registration No. HR-01-AK-2470 (hereinafter referred to as 'the offending vehicle'). While working, some mechanical defect developed in the tractor. When Baljeet Singh was checking the same, the tractor started moving and the rear wheel of the tractor passed over the abdomen of Baljeet Singh. He died at the spot. DDR No. 17 dtd. 20/6/2016 was recorded at Police Station Mahesh Nagar, Ambala Cantt. The tractor was owned by Sultan Singh, who was arrayed as respondent No. 1 before the Tribunal.

(3.) A claim petition filed by the legal heirs of Baljeet Singh under Sec. 163-A of the Act which was dismissed by the Tribunal relying upon the decision of the Supreme Court in Ningamma and another Vs. United India Insurance Co. Ltd., (2009) 13 SCC 710 holding that the deceased was the borrower of the offending vehicle and the claim petition under Sec. 163-A of the Act is not maintainable.