Point of law: On a bare look at the Section 2(30) of the Motor Vehicles Act, 1988, it transpires that the person in whose name a motor vehicle stands registered is the owner of the vehicle for the purpose of the Act.

JUDGMENT :

1. This appeal has been preferred by the appellant Rubul Pathak, owner of the alleged offending vehicle bearing No. AS 14-6148 in MAC Case No. 104/2015 (Death) in MAC Case No. 104/2015 (Death) wherein, learned Member MACT Nalbari, has awarded compensation in favour of the claimant amounting to Rs. 6,08,000/-(Rupees six lakhs eight thousand) only and directed the appellant to pay the said amount of compensation to the claimant as owner of the vehicle as the vehicle was not insured at the relevant time of accident.

2. The brief facts of the case is that on 23.04.2014 at about 10:55 A.M. while the claimant Babul Kaibarta was riding a bicycle from his house towards Kumarikata accompanied by his wife and six years old son and when they reached at Dehar Kalakuchi on Bahjani Kumarikata PWD Road, at that time one vehicle bearing registration No. AS 14-6148 (Truck) coming in a rash and negligent manner knocked down the bicycle. As a result they were thrown off of the bicycle and the claimant’s wife Bijaya Kaibarta sustained head injury and ultimately died. In connection with the accident Mukalmua P.S. Case No. 164/14 was registered under Sections 279/338/304(A) IPC and on completion of investigation charge-sheet was submitted against the driver of the said offending truck.

3. The Opposite Party No. 2 i.e. Rubul Pathak, the appellant herein this appeal has filed his written statement, wherein it is stated that at the time of alleged accident he was not the registered owner of the vehicle AS 14-6148 (Truck). He purchased the said vehicle from the prior registered owner on 12.05.2014 and after purchasing the vehicle, the vehicle was insured with the National Insurance Co. Ltd. bearing Policy No. 200703/31/14/6700000466 which had coverage from 13.5.14 to 1.5.15. The death of alleged accident mentioned in the claim petition was on 23.04.2014 which was not covered by the said insurance policy. The claimant has falsely mentioned the said insurance policy number in the claim petition showing as valid.

4. It is seen from the MAC Case No. 104/2015 (Death) that only one witness was examined to prove the case of the claimant and after completion of the trial learned MACT has delivered the judgment as aforesaid.

5. I have gone through the record of MAC Case No. 104/15 (Death) and the relevant documents available in the record.

6. Learned counsel for the appellant has argued that the appellant was not the owner of the offending vehicle AS 14-6148 (Truck) at the relevant time of accident. He had purchased the vehicle from earlier registered owner and the vehicle was transferred to his name on 12.05.2014 and the accident occurred on 23.04.2014. As such, the appellant was not the owner of the vehicle on the date of accident.

7. In support of his submissions learned counsel has placed reliance on the following case laws:

1. Prakash Chand Daga Vs. Saveta Sharma, reported in Civil Appeal No. 11369/2018.

2. Naveen Kumar Vs. Vijay Kumar, reported in Civil Appeal No. 1427/2018.

8. In both the aforesaid cases, it has been clearly dealt with who is the registered owner of the vehicle.

9. On the other hand, learned counsel for the Insurance Company i.e., respondent No. 3 also submitted in the same tune that at the relevant time of accident the appellant was not the registered owner of the alleged offending vehicle and which was also not insured on the date of accident and he is also in agreement with the submission of learned counsel for the appellant that matter be remanded to the trial court for fresh disposal after making an enquiry regarding registered owner of the offending vehicle.

10. Section 2(30) of the Motor Vehicles Act, 1988 says that owner means a person in whose name a motor vehicle stands registered and where such person is a minor, the guardian of such minor and in relation to a motor vehicle which is the subject of a hire purchase agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement.

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