Bengaluru: Karnataka high court has held that if a person dies while riding a borrowed vehicle in an accident caused by his own negligence, he is treated as stepping into the shoes of the vehicle owner and, as the tortfeasor (wrongdoer), is entitled only to the personal accident cover available to the owner under the insurance policy.Applying this principle, Justice Geetha KB reduced the compensation payable in a 2015 accident case from Rs 3.4 lakh, awarded by the motor accident claims tribunal (MACT) in Karwar, to Rs 1 lakh.The case relates to an accident that occurred on Feb 5, 2015, when Srinivas, a resident of Karwar, was riding a borrowed motorcycle with pillion rider Sunil. Around 11.30pm, near Banashankari II Stage, Kadirena Halli, close to Devegowda petrol bunk in Bengaluru, he allegedly lost control of the motorcycle and crashed into an electric pole on the footpath. He sustained grievous injuries and died on the spot.His parents later filed a claim under Section 163-A of Motor Vehicles Act. On Aug 28, 2017, the tribunal awarded them Rs 3.4 lakh with 7% annual interest from the date of petition, holding the motorcycle owner, Jayaram of Karwar, and insurer New India Assurance jointly and severally liable.The insurer challenged the award, contending that Srinivas was heavily intoxicated, lost control of the motorcycle, and caused the accident himself. Since he was the tortfeasor, the company argued, his family was not entitled to compensation beyond the compulsory personal accident cover for the owner-cum-driver, which was limited to Rs 1 lakh.The deceased’s family, however, argued that they were entitled to Rs 5 lakh under the amended provisions of Section 164 of MV Act.After examining the records and Supreme Court precedents cited by both sides, Justice Geetha held that a person riding a borrowed vehicle steps into the shoes of the owner. The insurance policy showed that the owner had paid a premium of Rs 540 towards compulsory personal accident cover for the owner-cum-driver, with coverage limited to Rs 1 lakh.Holding that the claimants were entitled only to that amount, the high court modified the tribunal’s award and reduced the compensation to Rs 1 lakh.
