MACT rejects road accident compensation claim of food delivery man riding vehicle owned by wife

Thane, Jul 2: The Motor Accident Claims Tribunal (MACT) in Thane dismissed a compensation plea filed by a food delivery man by observing that the vehicle he was riding at the time of the accident was registered in the name of his wife.

Shekhar Sanap (30) suffered 39 per cent permanent disability and spent around Rs 30,000 on medical treatment after the scooter he was riding slipped following a puncture on February 1, 2020 near Powai in Mumbai.

He sought a restricted compensation of Rs 1 lakh in connection with the accident under section 163 A of the Motor Vehicles Act.

MACT member RV Mohite, in his ruling on Wednesday, said a person riding a vehicle owned by his/her spouse “steps into the shoes of the real owner” and cannot be treated as a third party to claim insurance under Section 163 A of the Motor Vehicles Act.

The MACT upheld the contention of Magma HDI General Insurance Co. Ltd that the claimant was not a “third party.”

Relief is strictly meant for third-party victims, not the wrongdoer or the borrower of the vehicle who acts as the owner, the Tribunal said.

When a borrower of a vehicle gets injured or dies in an accident while using a vehicle owned by somebody else, he or his legal heirs cannot claim compensation under section 163A of the Motor Vehicles Act, the MACT order asserted. (PTI)

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