Mr. Avneesh Jhingan, J.(oral) - The insurer of motor cycle bearing registration No. CH01-AB- 7301 (hereinafter referred to as ‘’the motor cycle’’) has filed the present appeal against the award dated 01.11.2013 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as ‘the Tribunal’).

2. The brief facts for adjudication of the present appeal are that a motor vehicular accident took place on 04.06.2012. Pardeep Singh was driving motor cycle and at about 8:00 p.m. when he reached dividing road of Sector 29-30, Chandigarh, his motor cycle developed a mechanical defect and went out of control, he fell down and suffered injuries which proved fatal. He was aged 27 years at the time of accident. A claim petition under Section 163-A of the Motor Vehicles act, 1988 (for short ‘the Act’) was filed by the mother of the deceased.

3. The Tribunal after considering the facts and appreciating the evidence held that since the deceased was a borrower of the motor cycle and the motor cycle was owned by his father, the claimant would not be entitled for compensation under Section 163-A of the Act. It was held that the nsurance policy was a package policy and hence