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MANINDRA MOHAN SHRIVASTAVA, ASHUTOSH KUMAR
Bajaj Auto Finance Limited C/o P. l. Motors Limited – Appellant
Versus
Raghunath (Deceased), His Legal Representatives – Respondent
ORDER :
1. Heard.
2. While deciding the appeal filed by the Financer assailing award of the Motor Accident Claims Tribunal (MACT) and its liability towards payment of compensation, learned Single Judge noticed that the view taken by a Coordinate Bench of this Court in S.B. Civil Miscellaneous Appeal No.439/2002-Bajaj Auto Finance Limited Vs. Smt. Prem & Ors., appears to be contrary to the law laid down by the Hon’ble Supreme Court in the case of Godavari Finance Company Vs. Degala Satyanarayanamma & Ors., reported in (2008) 5 SCC 107 as also a subsequent authoritative pronouncement in the case of HDFC Bank Limited Vs. Reshma & Ors., reported in (2015) 3 SCC 679. Accordingly, following questions have been referred for being answered:-
(ii) Whether this appeal can be decided in the light of the judgment of Hon’ble Apex Court in the case of HDFC Bank Limited Vs. Reshma (Supra) by
In hire-purchase agreements, the financer is not considered the owner and is not liable for damages in motor vehicle accidents.
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 ....
The financier of a vehicle under a hire purchase agreement is not a necessary party in claims proceedings before the Motor Accidents Claims Tribunal; liability lies with the owner in possession.
The person in possession of the vehicle under the hypothecation agreement is considered the owner, and the liability to satisfy the award lies with the owner, not the financier, when the vehicle is u....
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.
(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....
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