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Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): Satya Brata Sinha, Mukundakam Sharma , JJ

(A) Motor Vehicles Act (59 of 1988) , S.163A— Accident - Compensation - Claim u/S.163-A - Deceased driving motor vehicle after borrowing it from real owner - Thus he stepped into shoes of owner of vehicle - His L. Rs. could not claim compensation u/S.163-A. If it is proved that the driver is the owner of the motor vehicle, in that case the owner could not himself be a recipient of compensation as the liability to pay the same is on him. This proposition is absolutely clear on a reading of S. 163-A. In the instant case, the deceased was not the owner of the vehicle, in question. He borrowed the said motorbike from its real owner. The deceased cannot be held to be employee of the owner of the motorbike although he was authorised to drive the vehicle by its owner, and therefore, he would step into the shoes of the owner of the motorbike. Accordingly, the legal representatives of the deceased who have stepped into the shoes of the owner of the motor vehicle could not have claimed compensation under S. 163-A. (B) Motor Vehicles Act (59 of 1988) , S.166— "Just compensation" - Court is duty bound and entitled to award "just compensation" - Irrespective of fact whether plea in that behalf was raised by claimant or not. Section 166 deals with "just Compensation" and ....