AI Overview...
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Borrower of Vehicle - Generally, a borrower is not covered under Personal Accident Cover (PAC) or entitled to claim compensation under Section 163-A of the Motor Vehicles Act, 1988. Multiple courts have held that the terms 'owner-driver' include the owner of the vehicle, but do not extend to borrowers unless explicitly specified Malkiat Kaur And Others VS Salinder Verma And Others - Punjab and Haryana, United India Insurance Company VS Harjit Kaur - Punjab and Haryana, National Insurance Company Limited vs B. Krishnamoorthy - Madras, United India Insurance Co. Ltd. VS Paramjit Kaur - Punjab and Haryana.
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Insurance Coverage - The insurance policy primarily covers the registered owner and 'owner-driver' (owner of the vehicle operating it). Borrowers are typically not included unless the policy explicitly extends coverage, which is uncommon United India Insurance Co. Ltd. VS Paramjit Kaur - Punjab and Haryana, UNITED INDIA INSURANCE CO. LTD. , ALLAHABAD VS HARPAL SINGH - Allahabad.
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Legal Position - Courts consistently conclude that a borrower cannot claim compensation under Section 163-A, as the provision is meant for the owner or authorized driver. The borrower steps into the shoes of the owner only if the policy covers such scenarios, which is generally not the case Divisional Manager, National Insurance Company Ltd. VS M. Thamizharasi W/o. Murugan - Madras, Manager Shriram General Insurance Co. Ltd. VS Kalaiarasan - Madras, K. Indumathi, W/o. Late V. Vasudevan VS M. Periyasamy, S/o. Marappan - Madras.
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Liability and Claims - The liability of insurers and owners does not extend to borrowers unless the borrower has an explicit right or the policy explicitly includes them. In cases where the borrower is not the owner or an authorized driver, courts dismiss claims made by borrowers for compensation United India Insurance Company Limited VS Sumitra - Punjab and Haryana, United India Insurance Company Ltd. VS Ajay Matta - Punjab and Haryana.
Analysis and Conclusion:
Courts have uniformly held that a borrower of a vehicle does not have the right to claim compensation under the Motor Vehicles Act, 1988, especially under Section 163-A, unless the insurance policy explicitly covers borrowers. The term 'owner-driver' is key, and it generally refers to the registered owner or an authorized driver, not a mere borrower. Therefore, in typical circumstances, the borrower is not entitled to compensation for injuries or death resulting from vehicle accidents Malkiat Kaur And Others VS Salinder Verma And Others - Punjab and Haryana, National Insurance Company Limited vs B. Krishnamoorthy - Madras, Divisional Manager, National Insurance Company Ltd. VS M. Thamizharasi W/o. Murugan - Madras.
References:
- Malkiat Kaur And Others VS Salinder Verma And Others - Punjab and Haryana, United India Insurance Company VS Harjit Kaur - Punjab and Haryana, National Insurance Company Limited vs B. Krishnamoorthy - Madras, United India Insurance Co. Ltd. VS Paramjit Kaur - Punjab and Haryana, United India Insurance Company Limited VS Sumitra - Punjab and Haryana, United India Insurance Company Ltd. VS Ajay Matta - Punjab and Haryana, Divisional Manager, National Insurance Company Ltd. VS M. Thamizharasi W/o. Murugan - Madras, UNITED INDIA INSURANCE CO. LTD. , ALLAHABAD VS HARPAL SINGH - Allahabad, Manager Shriram General Insurance Co. Ltd. VS Kalaiarasan - Madras, K. Indumathi, W/o. Late V. Vasudevan VS M. Periyasamy, S/o. Marappan - Madras
Search Results for "Borrower of Vehicle"
2019 0 Supreme(P&H) 2237 • India - Punjab and Haryana
AVNEESH JHINGAN
Motor Accident Claims Tribunal - Borrower of Vehicle - Motor Vehicles Act, 1988, Section 163-A - Sections 140 and 163-A - The ... court discussed the issue of whether a borrower of a vehicle is covered under the Personal Accident Cover (PAC) and referred to the ... Issues: The main issue was whether a borrower of a vehicle is covered under the Personal Accident Cover (PAC) and whether ... Learned counsel for the appellants contended that the Tribunal erred in holding....
2018 0 Supreme(P&H) 2773 • India - Punjab and Haryana
AVNEESH JHINGAN
Cover of owner of vehicle would not cover the borrower of vehicle—Claim petition rightly dismissed ... & ... (A) Motor Vehicles Act, 1988, S.166—Accident—Insurance—Personal Accident Cover would not cover the borrower of vehicle—The term ‘ ... was son of owner—Deceased had borrowed the vehicle—Fell down while driving due to mechanical defect in vehicle—Personal Accident ... Issue that needs consideration is that once it has been held....
2025 0 Supreme(Mad) 3978 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
(A) Motor Vehicles Act, 1988 - Section 166 - Claim for compensation - Deceased, being the borrower of the vehicle and not possessing ... ... ... Issues: Determination of eligibility for claiming compensation under the Motor Vehicles Act by a borrower of the vehicle. ... ... ... Ratio Decidendi: A borrower of a vehicle cannot claim under Section 166 of the Motor Vehicles Act; the individual is not ... With reference to Section 16....
2018 0 Supreme(P&H) 1758 • India - Punjab and Haryana
AVNEESH JHINGAN
(A) Motor Vehicles Act, 1988, S.163-A – Accident-Claim Petition – Insurance – Entitlement of borrower – Borrower of a vehicle cannot ... – Personal Accident Cover will include 'owner-driver' i.e. owner of vehicle and not borrower of vehicle – The term 'owner-driver ... and not any other person including the borrower of the vehicle – The term 'owner-driver' has been defined, hence, no word can be ... Learned counsel for respondents N....
2017 0 Supreme(P&H) 516 • India - Punjab and Haryana
ANITA CHAUDHRY
representatives of the borrower of the vehicle. ... of the vehicle. ... of the vehicle as the cover is applicable only to the registered owner holding an effective driving license and driving the vehicle ... Respondent No. 1 is the father and owner of the vehicle. Since the coverage towards personal accident was meant only for the owner, the Tribunal erred in awarding compensation of Rs. 1,00,000/- to the legal representatives of the borrower of the vehicle#....
2016 0 Supreme(P&H) 2829 • India - Punjab and Haryana
K.KANNAN
Issues: Competency of the claim under Section 163-A of the Motor Vehicles Act, right of claim for a borrower of the vehicle ... Additionally, it was established that a borrower of the vehicle has no right of claim against the owner or insurer unless the accident ... Additionally, a borrower of the vehicle has no right of claim against the owner or insurer unless the accident was due to a latent ... A borrower of the vehicle from th....
2024 0 Supreme(Mad) 1072 • India - Madras
R. SAKTHIVEL
Act, particularly Sections 163-A and 147, concluding that a borrower of a vehicle cannot claim compensation under Section 163-A ... Ratio Decidendi: The court held that a borrower of a vehicle cannot claim compensation under Section 163-A ... Issues: Whether the deceased, as a borrower of the vehicle, is entitled to claim compensation under Section ... Act, since the deceased - Murugan as a borrower of the vehicle, steps into the shoes of the owner....
2017 0 Supreme(All) 2342 • India - Allahabad
ARVIND KUMAR TRIPATHI, SALIL KUMAR RAI
authorized by owner of vehicle, borrower stepped into shoes of owner – Provision for payment of compensation by mandating that owner ... claim compensation against himself under Section 163-A of Act, 1988, then how borrower of vehicle, could be entitled for compensation ... of motor vehicle or authorised insurer would be liable to pay compensation – Deceased has borrowed vehicle from his relative – He ... The borrower of the vehicle....
2024 0 Supreme(Mad) 1074 • India - Madras
R. SAKTHIVEL
of Section 163-A, determining that a borrower of a vehicle cannot claim compensation under this section, and clarified the conditions ... Ratio Decidendi: The court held that a borrower of a vehicle cannot claim compensation under Section 163-A ... of the vehicle. ... With reference to Section 163-A of the Motor Vehicles Act, 1988, the Hon'ble Supreme Court has taken a view that if a borrower of the vehicle met with an accident while riding the #HL_....
2020 0 Supreme(Mad) 2479 • India - Madras
G. JAYACHANDRAN
The deceased, a borrower of a motorcycle, fell from the vehicle and died. ... Finding of the Court: The court found that the liability of the insurer to pay the borrower of the vehicle depends ... of the vehicle. ... As a borrower of the vehicle, he had entered into the shoes of the owner. So, the insured/owner is not vicariously liable to pay the borrower of his vehicle. The insurer is also not responsible to indemnify the owner,....
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