IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** F.A.O. No.616 of 2011 (O&M) Date of Decision:26.04.2011 Smt. Rekha @ Lata and others .....Appellants Vs. Chander Bhan and another .....Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:- None. **** RAKESH KUMAR GARG, J. (Oral) C.M. No.1831-CII of 2011 For the reasons mentioned in the application, which is supported by an affidavit of the appellant, delay of 39 days in filing the appeal is condoned. F.A.O. No.616 of 2011 This is claimants' appeal challenging the impugned award whereby their claim petition filed under Section 163-A of the Motor Vehicle Act (for short, `the Act') on account of death of Nanak Chand in a motor vehicle accident was dismissed. As per the findings recorded by the Tribunal, Nanak Chand deceased met with an accident on the intervening night of 1/2nd July, 2006 when he was going from Delhi to his village Kushak on scooter bearing No.HR30B-4658. The said scooter belonged to respondent No.1 and was insured with respondent No.2. It has also come on record that deceased F.A.O. No.616 of 2011 (O&M) -2- Nanak Chand was son-in-law of respondent No.1, the owner of the scooter and had borrowed the scooter from its owner. In view of the aforesaid findings, the Tribunal found that in the present case, the legal representatives of the deceased, who had stepped into the shoes of the owner of the offending vehicle, could not claim compensation under Section 163-A of the Act. The aforesaid findings are based upon a judgment of Hon'ble the Supreme Court in the case of Ningamma & Another v. United India Insurance Co. Ltd., 11(2009) ACC 804. In view of the aforesaid facts, no error can be found in the impugned award. Dismissed. April 26, 2011 ( RAKESH KUMAR GARG ) renu JUDGE