Motor Accident Claim -- Permissive User of Borrowed Vehicle -- Permissive user who borrows a vehicle steps into shoes of owner and cannot claim compensation under Section 163A against the owner
(i) Motor Vehicles Act, 1988, S.163A -- Motor Accident Claim -- Permissive User of Borrowed Vehicle -- A permissive user who borrows a vehicle from its owner steps into the shoes of the owner. Such a person cannot maintain a claim for compensation under Section 163A against the owner and insurer of the same vehicle, as it would amount to maintaining a claim against himself. This bar applies irrespective of whether rash and negligent driving is required to be proved under Section 163A. (ii) Motor Vehicles Act, 1988, S.163A -- Motor Accident Claim -- Personal Accident Coverage Under Policy -- Where a claimant is found not entitled to compensation under Section 166 or Section 163A, and the accident occurred during the validity of the insurance policy, the claimant remains entitled to the sum payable under personal accident coverage, if any, provided under the policy, with interest from the date of filing the claim application.
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