Shri Pooran Lal Sharma vs Shri Karan Kumar on 27 September, 2014
19. Although in "New India Assurance Co. Vs. Manishaben Mahendra @ Shanker
Joshi and Ors." Hon'ble High Court awarded compensation to the Lrs of
MACT No. 221/08 Ms. Kiran Bansal
POMACT
Page no. 8/10
deceased under similar circumstances, however, Hon'ble Supreme in
Ningamma and another Vs. United India Insurance Company Ltd.,
reported as 2009 SCCL. Com 78, observed as under:
If it is proved that the driver is the owner of the motor vehicle, in
that case the owner could not himself be a recipient of
compensation as a liability to pay the same is on him. This
proposition is absolutely clear on a reading of Section 163A. In
the instant case, the deceased was not the owner of the vehicle, in
question. He borrowed the said motorbike from its real owner.
The deceased cannot be held to be employee of the owner of the
motorbike although he was authorized to drive the vehicle by its
owner, and therefore, he would step into the shoes of the owner
of the motorbike.