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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Gargesh Kumar – Appellant
Versus
Aditya – Respondent
JUDGMENT :
Sushil Kukreja, J.
Since both these appeals arise out of a common order, they were heard together and are being disposed of by this common judgment.
2. The present appeals have been filed by the appellant(s) against the impugned order dated 16.01.2025, passed by learned Motor Accident Claims Tribunal-II, Chamba, District Chamba, H.P., in CMA No. 465/2022, whereby respondents No. 1 and 2, i.e. owner and driver of the offending vehicle (appellant(s) herein) were held jointly and severally liable to pay interim compensation of Rs. 50,000/- in favour of the claimant under Section 140 of the Motor Vehicles Act, 1988 (for short “MV Act”).
3. FAO No. 75 of 2025 has been filed by Gargesh Kumar, driver of the offending vehicle, on the ground that learned Tribunal below had erroneously fastened the liability upon him, who admittedly was not the owner of the vehicle at the time of the accident, as it is the owner of the vehicle who alone is liable to pay the compensation.
4. FAO No. 84 of 2025 has been filed by Sukhwinder Singh, owner of the offending vehicle, on the ground that learned Tribunal below has failed to appreciate that since he has exchanged the offending vehicle with “Stan
The registered owner of a vehicle is solely liable for compensation in motor accident cases under Section 140 of the Motor Vehicles Act, not the driver.
The registered owner of a vehicle holds liability for accidents occurring involving that vehicle, regardless of claims of transfer without official updates.
Point of Law : Even though in law there would be a transfer of ownership of the vehicle, that by itself would not absolve the person in whose name the vehicle stands in the registration certificate, ....
The insurance company remains liable for compensation regardless of vehicle ownership transfer, as long as the vehicle was insured and no policy violations occurred.
The registered owner of a vehicle remains liable for compensation claims until formal transfer of ownership is executed, even if the vehicle is in the possession of another party.
Motor Accident - Compensation - Accident took place because of his own rash and negligent driving of deceased person and being victim of his own action of rash and negligent driving his relative cann....
The legal principle established is that possession and control over the vehicle are crucial in determining the 'owner' under Section 2(30) of the Motor Vehicles Act.
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