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ANOOP KUMAR DHAND
Bajaj Auto Finance Limited c/o P. L. Motor Limited – Appellant
Versus
Raghunath son of Sh. Vijaylal Kumawat – Respondent
JUDGMENT :
1. Instant appeal has been filed by the non-claimant/appellant against the impugned judgment and award dated 10.08.2000 passed by the Motor Accident Claims Tribunal, Jaipur (for short, ‘the Tribunal’) cum Rajasthan State Co-operative Tribunal, Jaipur in MAC Case No. 99/94, by which the claim petition filed by the claimant respondents was allowed and a direction was issued by the Tribunal to the appellant and the respondent No. 2 to pay an amount of compensation to the tune of Rs. 38,000/-.
2. Brief facts of the case are that an accident occurred on 30.11.1993 in which Radheyshyam as well as injured-Raghunath sustained certain injuries. Radheyshyam expired due to the injuries sustained by him in the accident. The matter was reported to the police where the FIR No. 422/1993 was registered against driver and the owner of the offending vehicle. Thereafter, two different claim petitions were submitted before the Tribunal, one by the dependents of the deceased Radheshyam and other by the injured claimant-respondent Raghunath. The learned Tribunal, after consolidating both the claims, passed a common judgment dated 10.08.2000 by fastening liability of making a payment of compensa
The liability of a finance company in a motor accident compensation case should be determined in accordance with the provisions of the Motor Vehicles Act 1988 and relevant judgments of the Hon’ble Ap....
If in case of financing and hypothecation the owner drives the vehicle without statutory insurance in violation of the M.V. Act and terms of hypothecation and meets with accident, the financier even ....
(1) ‘Owner’ of a vehicle is not limited to categories specified in Section 2(30) of M.V. Act – If context so requires, even a person at whose command or control the vehicle is, could be treated as it....
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
The financier is not liable for compensation when the vehicle is uninsured and not in their possession, as defined by the Motor Vehicles Act.
The insurance company remains liable for compensation regardless of vehicle ownership transfer, as long as the vehicle was insured and no policy violations occurred.
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