JUDGMENT :

1. Are the dependents of a person, who borrows the motor cycle from its owner and dies in an accident while riding the said motor cycle, there being no involvement of any other vehicle, entitled to compensation under Section 163-A of the Motor Vehicles Act, 1988 (“MV Act, 1988”), is the question which wrenches to the fore in this appeal.

2. The aforesaid question arises in the backdrop of the following facts :

a) Rajendra Prasad (hereinafter refereed to as “the deceased”), was the son of respondent Nos. 1 & 2 and brother of respondent Nos. 3 to 5 (original applicants). He was employed as inspector (Sampling) with a company, namely, Quality Services and Solutions, Goa. On 30th June, 2007 at about 10.00 p.m. the deceased was riding the motor cycle bearing No. GA-6-B-6667 owned by the respondent No.2-original opponent No.1 and insured with appellant/insurer/original opponent No.2, on his way to Vasco. When the deceased came near Martin Bar Sada, within the limits of Marmgao, he lost control over the motor cycle and fell down. Eventually the deceased succumbed to his injuries. The applicants preferred a claim for compensation under Section 163-A of the MV Act, 1988.

b) The oppon