HC on Road Accident: Legal Heirs of Person Driving Borrowed Vehicle Cannot Claim Compensation for Injury or Death in Accident, Says Gauhati High Court

The high court observed while setting aside a judgment of Motor Accident Claims Tribunal which awarded a compensation of INR 2,54,000 to the legal heirs of a deceased person.

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The Gauhati High Court recently said that the legal heirs of a person who drove borrowed vehicle cannot claim compensation for injury or death. The high court observed while setting aside a judgment of Motor Accident Claims Tribunal which awarded a compensation of INR 2,54,000 to the legal heirs of a deceased person. On August 12, 2006, the deceased man had reportedly borrowed motorcycle of Gautam Roy Choudhury. However, the bike met with an accident and the person driving the bike i.e. the deceased died. Post the man's death, a claim application under Section 163A of the Motor Vehicles Act, 1988 was filed before the Motor Accident Claims Tribunal, Kamrup (Tribunal), seeking compensation on account of the death of the deceased. Gauhati High Court Frees Man Accused of Rape and Murder After 21 Years in Jail, Says ‘Unsigned Confession Cannot Be Sole Basis for Conviction’.

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