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Borrower Driving Owner’s Vehicle Not Considered ‘Third Party’, Legal Heirs Not Entitled to No-Fault Compensation Under MV Act: Gujarat High Court

28 Feb 2026 3 min read
Borrower Driving Owner’s Vehicle Not Considered ‘Third Party’, Legal Heirs Not Entitled to No-Fault Compensation Under MV Act: Gujarat High Court

The Gujarat High Court has clarified the scope of Section 163A Motor Vehicles Act, 1988, holding that legal representatives of a deceased borrower-driver cannot maintain a compensation claim against the insurer. The Court reiterated that a person who borrows a vehicle and drives it steps into the shoes of the owner and therefore cannot be treated as a third party. The judgment was delivered by Justice Nisha M. Thakore on…

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