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2017 Supreme(P&H) 516

ANITA CHAUDHRY
United India Insurance Company Limited – Appellant
Versus
Sumitra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajesh K. Sharma, Advocate

ANITA CHAUDHRY, J

1. This appeal is by the insurance company seeking discharge of their liability placed upon them by the Motor Accident Claims Tribunal, Hisar.

2. A petition under Section 163-A of the Motor Vehicles Act was filed by Sumitra, mother of Mohit, who died in a vehicular accident which occurred on 29.12.2007. The vehicle was driven by Mohit, with his father-respondent No. 1 on the pillion. A cow suddenly appeared in front of the motor-cycle. In order to avoid the accident, Mohit applied brakes and the motor cycle dashed against the cover of a manhole and suffered injuries. He died later on account of the injuries. The insurance company took the plea that they were not liable to pay any amount as the deceased was a borrower of the motor cycle from the owner. The Tribunal held that an extra premium had been paid for covering the personal insurance of the owner to the extent of Rs. 1,00,000/- and the borrower would step into the shoes of the owner. Therefore, the insurance company would have to reimburse and awarded a sum of Rs. 1,00,000/- to be paid by the insurance com












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