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P. SATHASIVAM, RANJAN GOGOI, N. V. RAMANA
Purnya Kala Devi – Appellant
Versus
State of Assam – Respondent
Key Points: - The State Government is held liable to pay compensation where the vehicle was under requisition and there is no evidence of release before the accident (Para discussion referencing liability during requisition; appellate outcome (!) (!) ). - The 1988 Act defines "owner" to include the person in possession under hire-purchase, lease, or hypothecation arrangements, or the registered owner, with applicable guardians for minors (Sections 2(30), 2(b) and related discussion) (!) (!) (!) (!) . - Section 5(1) of the Assam Requisition and Control of Vehicles Act provides that release from requisition requires written notice to the owner, after which no liability lies with the officer/authority from the date of release; lack of documented release evidence affects liability (p_12] (!) (!) ). - The High Court erred in holding only the registered owner liable; the Supreme Court held the State Government liable when the vehicle was under requisition at the relevant time and not proven released (p_13] (!) ). - The claimant was awarded Rs. 1,94,400 plus 9% interest, payable by the State of Assam, with deposit requirements to be fulfilled before withdrawal (p_14).
JUDGMENT
P. Sathasivam, CJI. –
1) This appeal is directed against the impugned final judgment and order dated 04.01.2007 passed by the Gauhati High Court in MAC Appeal No. 30 of 2003 whereby the High Court held that the claimant/appellant herein is entitled to a sum of Rs. 1,94,400/ – as compensation for the death of her husband in the motor vehicle accident and the same is payable by Abdul Salam – who was the registered owner of the vehicle at the relevant point of time and not by the State Government.
2) Brief Facts:
a) The appellant/claimant is a widow and mother of four children. On 16.02.1993, at about 10:15 a.m., the claimant’s husband died in a road accident by a speeding bus belonging to Md. Abdul Salam which was not insured and was under requisition of the State Government at the relevant time.
b) The appellant filed MAC Case No. 34 of 1993 before the Motor Accident Claims Tribunal (in short ‘the Tribunal’), Darrang, Mangaldai for compensation of Rs. 2,00,000/ – against the registered owner–Md. Abdul Salam. Sub Divisional Officer (Civil), Udalguri and the State of Assam were also impleded as parties in the said case.
c) The registered owner of the vehicle filed his reply conten
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