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2018 Supreme(P&H) 1758

AVNEESH JHINGAN
United India Insurance Co. Ltd. – Appellant
Versus
Paramjit Kaur – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjiv Pabbi, Advocate.
For the Respondents:Mr. R.P.S. Cheema, Advocate.

JUDGMENT :

AVNEESH JHINGAN, J.

1. The present appeal arises from award dated 03.09.2014 passed by Motor Accident Claims Tribunal, Fatehgarh Sahib (for short, 'the Tribunal').

2. The appeal involves following question of law:-

Whether borrower of a vehicle can claim compensation under Section 163-A of the Motor Vehicles Act, 1988 (for short, ‘the Act')?

3. For deciding the appeal, it would be appropriate to consider the question :-

Whether the Personal Accident Cover (for short, ‘PAC') issued on payment of additional premium will cover the owner of the vehicle who is driving the vehicle or other person including the borrower of the vehicle?

4. Bare facts necessary for adjudication of the appeal are that on 28/29.10.2013 Gurdeep Singh along with Ramakant was returning from Jodhpur by car bearing registration No. PB-23K-6932 (for short, 'the Car'). Gurdeep Singh was driving the Car. On reaching near turning of Petrol Pump, Bassi Pathana the car turned turtle as a result of which Gurdeep Singh died at the spot and Ramakant suffered injuries. DDR No. 14 dated 29.10.2013 was lodged at Police Station Bassi Pathana.

5. A claim petition by legal heirs of the deceased was filed under Section 163-A o































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