Uttarakhand High CourtAO/213/2023 on 22 August, 2023Author:Vivek Bharti SharmaBench:Vivek Bharti SharmaOffice Notes, reports,\nSL.           orders or proceedings or\n      Date                                                       COURT'S OR JUDGES'S ORDERS\nNo           directions and Registrar's\n               order with Signatures\n\n                                          A.O. No. 213 of 2023\n                                          Hon'ble Vivek Bharti Sharma, J.Mr.      Deepak         Rawat,     counsel   for   the\n                                          appellant/Insurance Company.Mr. Vikas Bahuguna, counsel for respondent\n                                          no.1.2.       This appeal has been preferred by the appellant\n                                          against the judgment and order dated 02.03.2023\n                                          passed by Motor Accident Claim Tribunal/3rd\n                                          Additional District Judge, Dehradun in M.A.C.P. No.\n                                          58 of 2021, whereby the award of `5 lacs has been\n                                          passed in favour of the respondents/claimants.3.       Counsel for the appellant would submit that the\n                                          Tribunal has wrongly awarded the compensation in\n                                          favour of the claimant because the borrower of the\n                                          vehicle steps into the shoes of the owners when he\n                                          was driving vehicle, hence, his legal representative\n                                          cannot file any claim petition from the Insurance\n                                          Company as the vehicle was driven by claimant.In\n                                          support of his contention, he referred parapraph 5.5 of\n                                          the judgment of Hon'ble Apex Court in the case ofRamkhiladi and another Vs. United India Insurance\n                                          Company Limited and another(2020) 2 SCC 550,\n                                          which is extracted hereunder:"5.5 That in the case ofNingamma v. United\n                                                  India Insurance Co. Ltd.(2009) 13 SCC 710\n                                                  and New India Assurance Co. Ltd. V. Sadanand\n                                                  Mukhi(2009) 2 SCC 417, this Court has held\n         that the owner of the vehicle or his legal\n        representatives or the borrower of the vehicle\n        cannot raise a claim for an accident in which\n        there was no negligence on the part of the\n        insured vehicle. It is submitted that in the\n        aforesaid decisions, this Court has held that the\n        borrower of the vehicle steps into the shoes of\n        the owner and, therefore, the borrower of the\n        vehicle or his legal representatives are not\n        entitled to compensation from the insurer under\n        the Act. It is submitted that the deceased in the\n        present case has stepped into the shoes of the\n        owner and therefore not entitled to any third\n        party compensation from the insured vehicle.3.      In view of the above, admit the appeal.4.      Issue notices to the respondent no.2 through\nordinary process and registered post acknowledgment\ndue as well as through e-mail and whatsapp, if\navailable.5.      List this case on 10.11.2023.6.      Till the next date of listing, the execution of the\nimpugned judgment and order dated 02.03.2023\npassed by Motor Accident Claim Tribunal/3rd\nAdditional District Judge, Dehradun in M.A.C.P. No.\n58 of 2021 shall remain stayed.7.      Stay application (IA 1 of 2023) stands disposed\nof accordingly.(Vivek Bharti Sharma, J.)\n                                    21.08.2023\nMamta