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2008 Supreme(SC) 636

S.B.SINHA, V.S.SIRPURKAR
M/s. Godavari Finance Co. – Appellant
Versus
Degala Satyanarayanamma and others – Respondent


JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether a financer would be an owner of a motor vehicle within the meaning of Section 2(30) of the Motor Vehicles Act, 1988 (for short the Act) is the core question involved herein.

3. Ch. Praveen Kumar, fourth respondent, was the owner of a vehicle being a mini truck of ‘Mahendra Nissan’ make purchased by him having been financed by the appellant for a sum of Rs.50,000/-. The said loan was discharged by him by the end of 1995.

4. Indisputably the said vehicle had all along been in possession and control of the fourth respondent herein. It met with an accident on 29th May, 1995. In the said accident one Degala Balakrishana died. Respondent Nos. 1 and 2 filed an application claiming compensation alleging rash and negligent driving on the part of the driver of the said vehicle.

5. On or about 18th June, 1998, the appellant herein was impleaded in the proceeding on the premises that it was the financer of the said vehicle.

6. The name of the appellant as a financer indisputably was incorporated in the Registration Book of the vehicle. However, the extract of Registration Book revealed that the vehicle was registered in the name of the
























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