JUDGMENT :

(The case has been heard through video conference)

[Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 07.10.2015 made in M.C.O.P.No.57 of 2014 on the file of the Learned Motor Accidents Claims Tribunal Subordinate Judge, Perundurai.]

The unsuccessful claimants before the Motor Accident Claims Tribunal/Subordinate Judge, Perundurai are before this Court in the appeal filed under Section 173 of Motor Vehicles Act, 1988.

2. The short facts of the case is that, on 26.11.2013, at about 11.15 p.m, the deceased Vasudevan, who had a valid Driving License to ride motorcycle with gear, had taken the motorcycle bearing registration No.TN-33-AA-8051 owned by Thiru.Periyasamy, without his permission. He fell from the vehicle and sustained head injury and died on the spot due to shock and haemorrhage. The post-mortem report indicates the head injury has caused loss of his brain substance.

3. The Claim Petition filed under section 163-A of the Motor Vehicle Act, by his widow, minor daughter and mother was dismissed by the Tribunal as not maintainable. Stating that, the deceased is the borrower of the vehicle