Third party – No fault liability – Claim against owner/Insurance company – Maintainability of – Deceased cannot be said to be third party and cannot maintain a claim u/s 163-A of the Act as deceased has stepped into the shoes of the owner of the vehicle -- Claim petition u/s 163A of the Act against the owner and insurance company shall not be maintainable -- Claimants shall be entitled to a sum of Rs.1 lakh only as per the terms of the contract of insurance with interest @ 7.5 per cent per annum from the date of the claim petition till realization.

(SC) Decided on: 07.01.2020

Comprehensive policy -- Claimant/driver was an income tax assessee and his annual income was more than Rs.40,000/- -- A borrower of the vehicle from the owner gets no right of claim against the owner or insurer, unless the accident was on account of any latent defect in the vehicle and the owner was responsible for any accident on account of such defects – Petition is not maintainable.

(P&H HC) Decided on: 17.03.2016

Third party policy – No fault liability -- Deceased was borrower of the motorcycle, therefore, he stepped into shoes of the owner and cannot be treated as third party -- Thus, the claimants are not entitled to the compensation u/s 163-A of the M.V. Act, though the claimants are entitled to compensation for 'no fault liability' u/s 140 of the M.V. Act – Rs.

(P&H HC) Decided on: 26.03.2015

Personal accident claim – Accident by borrower/brother of owner of vehicle -- Accident had not taken place with the involvement of any other vehicle but because a cow had come in front of motorcycle all of a sudden and in order to save the cow he lost his balance and fell on the road and sustained injuries -- Whether the insurance company is liable to pay any compensation to claimant who is neither the registered owner nor covered under any insurance policy – Payment on account of personal accident claim can be given to the person duly covered under the insurance policy and not to anybody else including brother of the person covered under such a policy -- Insurance company is not liable to pay any compensation.

(P&H HC) Decided on: 24.03.2015