K.Kannan, J.

1. The Insurance Company is in appeal against the award passed for death of a driver of a vehicle, which was involved in motor accident. The basis of the claim in the petition was that insured driver one Balbir Singh was driving the vehicle and when he complained of headache and deceased Shailender Pushp Goyal took to the steering and met with an accident. It was contended in the petition that the tyre of the said car got detached and fell off on account of which the car turned turtle and capsized resulting in injuries to the occupants and fatal injuries to Shailender Pushp Goyal. The response by the Insurance Company was that the deceased was not a 3rd party as per the Motor Vehicles Act and the vehicle was driven against the terms and conditions of a policy, without authority or consent or approval or knowledge of the car owner. The owner of the car examined himself when he said that the deceased Shailender Pushp Goyai was his relative and he had given the vehicle to him for driving. The suggestion on behalf of the Insurance Company to the owner was that the vehicle was driven only by his driver and he had handed it over without his concurrence. It was also s