JUDGMENT : ORDER IN CIVIL APPLICATION 1. Today, Ushaben Bharatbhai Patel, is present before this Court. She states that she has re-married Bharat Ramnik Patel and residing separately at Dhrangadhra, District-Surendranagar. She produced her Aadhar Card which has been issued in the said name with the referred address. 2. She has come before this Court, to state that she wants to waive her right of her share from the awarded compensation amount which has been granted in MACT no. 46 of 2016, wherein she had been claimant no.2. As per the award, she has received 50% of the amount and she says that she has produced affidavit on record at Annexure-C, where she has stated that she got remarried and is now staying separately and she has no objections if the share of the amount is disbursed to the mother of the deceased i.e. applicant no.1-Shardaben Vasudevbhai Patel. 3. Ushaben submitted that, she had married deceased Kishanbhai Vasudevbhai, the son of applicant no.1, who met with an accident on 12.05.2016 and died because of the fatal injuries. Ushaben further stated that in view of her re-marriage to Bharat Ramnik Patel and the fact that she has no financial constraint to maintain herself therefore, on her own volition she wants to waive her right in favour of applicant no.1- the mother of the deceased. 4. Ushaben has produced the photo copy of her aadhar card on record by way of an affidavit at Annexure-‘C’, Ushaben confirms, in view of the fact that she has re-married shown inclination at free will to waive her right in favour of applicant no.1- the mother. Her request is acceded to. In view of the same, share in the total 30% of the award amount dated 13.04.2023, be paid to the mother of the deceased- Shardaben Vasudevbhai Patel. 5. With the aforesaid direction, the civil application stands disposed of. ORDER IN FIRST APPEAL 1. Considering the age of the claimant and since both the learned advocate for the respective parties have consented for final hearing of the matter, therefore, the matter is heard on merits for final disposal. 2. 5. With the aforesaid direction, the civil application stands disposed of. ORDER IN FIRST APPEAL 1. Considering the age of the claimant and since both the learned advocate for the respective parties have consented for final hearing of the matter, therefore, the matter is heard on merits for final disposal. 2. The insurance Company has raised the ground, inter-alia, that the insurance company is not liable to pay the compensation as the deceased was borrower of the tractor and the grievance is raised, that the case is not been considered in accordance with the provisions of Section 163A of the Motor Vehicles Act, while the Tribunal has awarded the compensation under the heads as if it was dealing under section 166 of the Motor Vehicles Act. 3. While learned advocate Mr. Modi has referred to the judgment in the case of Ramkhiladi Vs. Union of India Insurance Company reported in 2021 (2) SCC 550. Mr. Modi for the claimant submitted that the Apex Court has dealt with the issue and has observed that the borrower would step into the shoes of an owner. Therefore, in view of the insurance policy in the present matter, the deceased would be considered as owner of the vehicle and would be entitled for PA coverage as per the contract of insurance, which is of Rs.2,00,000/-. 4. Perused the copy of Insurance Policy which has been produced under Exh-39. The claim had been preferred under Section 163A of the Motor Vehicles Act. The case of the claimant was that on 12.05.2016, at about 08.30 pm the deceased was driving the tractor at Bhojava Village cross road, near Atual Cotton Mill, the said tractor tumbled into a road side ditch due to which the deceased fell down and sustained fatal injuries and succumbed to death. 5. The facts were noted that it was borrowed vehicle since owner of the vehicle was Vasudevbhai- who is the father of the deceased. The tribunal was required to consider the case in view of the provisions of Section 163A of the Motor Vehicles Act and was required to appreciate that the vehicle was borrowed by the deceased from the father. In view of the judgment in the case of Ramkhiladi (supra) the son would step into the shoes of the father, who is the owner of the vehicle. In view of the judgment in the case of Ramkhiladi (supra) the son would step into the shoes of the father, who is the owner of the vehicle. The panchnama reflects Chasis No. 2135513563 and Engine No. 12173583, the vehicle was insured with respondent no. 2- Magma HDI General Insurance Company Ltd. The policy at Exh-39 with the policy number being P0017400002/4107/103742 in the name of Vasudevbhai Jerambhai, who is the owner of the vehicle shows that the PA owner driver coverage is of Rs.2 lacs. Since, the son was driving his father’s vehicle in view of the statement Ramkhiladi & Ors (supra), the contract of insurance would have effect, as in case of the personal accident the owner/driver coverage is of Rs. 2 lacs, the claimant cannot maintain claim petition under the provisions of Section 163A of the Motor Vehicles Act, but could pray for contractual benefits. 6. In the result, the entitlement of the claimant for the death of Kishanbhai Vasudevbhai Patel is of Rs. 2 lacs. The Tribunal had erred in granting compensation under various heads, of loss of dependency, loss of consortium, loss of estate and funeral expenses. In the result, the judgment and award stands modified and claimants are thus entitled for total amount of 2 lacs as being contractual amount in accordance to the policy. 7. Since, Ushaben Kishanbhai Vasudevbhai, as referred herein above has given up her right in favour of mother-in-law i.e. the mother of the deceased, let total amount of Rs. 2 lacs be paid along with interest at the rate of 9% accrued there upon from the date of application till the date of deposition of amount by the Insurance Company, to Sharadaben Vasudevbhai Patel after verifying the identity. The rest of the amount be returned back to the Insurance Company with accrued interest. 8. With the aforesaid directions, the present appeal stands disposed of.