AIROnline 2020 SC 14 ::(2020) 3 MPLJ 264 (SC) ::(2020) 2 KCCR (SN) 146 (SC) ::(2020) 2 JCR 14 (SC) ::2020 SCC OnLine SC 10 ::(2020) 207 All Ind Cas 50 (SC) ::2020 AAC 553 (SC) ::2020 (78) OCR 507 ::2020 (6) Bom CR 158 ::2020 (4) Mad LJ 16 ::2020 (3) Mah LJ 738 ::2020 (3) Andh LD 1 ::2020 (2) Civil LJ 194 ::2020 (139) All LR 704 ::(2020) 1 Ker LT 12.1 ::(2020) 1 Pun LR 395

Supreme Court Of India

(From: Rajasthan)

Hon'ble Judge(s): Ashok Bhushan, M. R. Shah , JJ

(A) Motor Vehicles Act (59 of 1988) , S.163A— (as inserted by Motor Vehicles (Amendment) Act (54 of 1994)) Motor accident - Compensation u/S. 163-A - No evidence that deceased was in employment of opponent-owner, of vehicle which deceased was driving - Deceased can be said to be permissible user or borrower of motor vehicle of opponent-owner - No claim filed u/S. 163-A against driver, owner and insurance Company of offending vehicle - Claim filed only against owner of vehicle which was borrowed by deceased and its Insurance Company - As deceased stepped into shoes of owner of borrowed vehicle - Claim filed against owner and Insurance Company, not maintainable. AIR 2018 SC 983, Disting.AIR 2009 SC 3056, Rel. on. (Para 5.4) (B) Motor Vehicles Act (59 of 1988) , S.147, S.163A— (as in serted by Motor Vehicles (Amendment) Act (54 of 1994)) Motor accident - Liability of insurer - Deceased is a permissible user or borrower of motor vehicle which he was driving - Parties governed by contract of insurance - Liability of insurance company would be as per terms and conditions of contract of insurance only. (Para 5.5) (C) Motor Vehicles Act (59 of 1988) , S.166, Sch.II— (as ame....