- (1.) This appeal has been preferred by the claimant, whose claim for compensation had been declined by the Motor Accident Claims Tribunal, Chandigarh vide award dated 13.01.2011. The grievance is that the Tribunal had wrongly rejected the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 by relying upon Ningamma and another vs. United India Insurance Co. Ltd., 2009 ACJ 2020 and the authority did not apply to the facts of the case.
(2.) To resolve the issue, it is necessary to refer to the facts first. Sandeep Jain was driving a maruti car when a cow suddenly came on the road. In order to avoid the accident, Sandeep swerved his car, which skidded and hit a pole resulting in an accident and fatal injuries to Sandeep.
(3.) As usual, the Insurance Company contested the petition and raised the plea that Sandeep Jain had borrowed the vehicle and the claim was not maintainable. Even the accident was denied in the manner stated. The Tribunal recorded a finding that the death had occurred in the road accident, which had taken place on 23.02.2008 but on issue No.2 relying upon Ningamma and another's case a finding was given that the legal representatives of a person driving a vehicle, who had borrowed it, would not be entitled to claim compensation under Section 163-A .;