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Driver considered as owner in borrowed vehicle accident: HC
Jaipur: Justice Umashankar Vyas in the High Court said that the driver will be considered the owner in case of a road accident after borrowing the vehicle. The court said that the driver will not be considered a third party in such a case.
The High Court cancelled the decision and award of the Alwar court dated April 19, 2018. United India Insurance Company had challenged the order of MACT Court in the HC. Advocate Rajiv Bhushan Bansal pleaded on behalf of the insurance company.
The deceased, Liaquat Ali, had borrowed the vehicle from the owner and it met with an accident. In such a case, the insurance company does not have any liability under section 163A of the MV Act. Since the vehicle is in possession, the owner, petitioner and non-petitioner cannot be the same person.
The High Court said that the claimant’s claim petition was not maintainable.
