ABIDA Vs. AYUB KHAN

JUDGEMENT

(1.) The present civil misc. appeal has been filed by the appellant-claimants under Sec. 173 of the Motor Vehicles Act, 1988 ('MV Act') assailing the judgment and award dtd. 19/7/2017, passed by the learned Judge, Motor Accident Claims Tribunal (First), Jodhpur ('Tribunal') in MAC Case No. 08/2012, whereby the learned Tribunal has dismissed the claim petition filed by the appellant-claimants.

(2.) Briefly stated, the facts of the case are that on 11/7/2011, at 7:30 PM, the deceased, Muse Khan was returning to his village after completing his work on a motorcycle bearing number RJ-19-SU-5734 along with a pillion rider, Sohanram Bishnoi. At Meghlasiya stand, the motorcycle slipped when an animal came in front of it, and subsequently, both the deceased and the pillion rider fell down, on account of which the deceased suffered grievous injuries on his head and other injuries on the body. Thereafter, the deceased was admitted in the Hospital, where during treatment, he died on 13/7/2011.

(3.) A claim petition was filed under Sec. 163-A by the appellant-claimants claiming compensation to the tune of Rs.12,80,000.00 on account of the said accident, under the heads of loss of income and loss of love and affection. Respondent no. 1 did not file a reply to the said claim, while the respondent no. 2/Insurance Company denied the averments in its reply and submitted that the deceased took the vehicle from the owner of the vehicle and therefore, had stepped into the shoes of the owner himself and thus, the deceased does not fall within the category of third party under Sec. 163-A and thus, not entitled to get compensation under the said provision.