JUDGMENT :

1. This appeal is filed challenging the dismissal of claim petition under Section 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as “the MV Act”, for short).

2. The case put forth by the Tribunal was that the claimant and his wife were proceeding on a motorcycle and since a dog suddenly came across their path, the claimant lost control and both of them fell off the motorcycle and as a result of this fall, the claimant and his wife sustained grievous injuries and ultimately his wife succumbed to the same.

3. The claimant contending that his wife was working as a medical assistant on a salary of Rs.4,000/- per month initiated proceedings under Section 163A of the MV Act.

4. The Tribunal has by the impugned order dismissed the claim petition on the ground that the claimant had borrowed the vehicle and since the accident had occurred when he was riding this borrowed motorcycle, he had stepped into shoes of the owner and was therefore himself liable to pay the compensation.

5. The question that arises for consideration in this appeal is as to whether the claimant would be disentitled to compensation for the death of a pillion rider, who was his wife, on the prem