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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
V. Selvam – Appellant
Versus
G. Sabarinathan – Respondent
| Table of Content |
|---|
| 1. plaintiff purchased vehicle and sold it. (Para 1 , 2) |
| 2. arguments on liability and ownership. (Para 6 , 7) |
| 3. analysis of ownership and liability under motor vehicles act. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 20 , 21 , 22 , 24 , 26 , 28) |
| 4. defining ownership and negative declarations. (Para 18 , 19 , 23) |
| 5. court's conclusion and ordered actions. (Para 30) |
JUDGMENT :
The plaintiff, aggrieved by the dismissal of O.S.No.50 of 2022 on the file of the learned Additional District Judge, Dharmapuri, is the appellant.
(a) The plaintiff is a stage carriage operator at Vellore, carrying on business under the name and style of M/s.Sri Ramajayam Bus Service. The plaintiff had purchased the suit property, which is the motor vehicle with Regn.No.TN-63-U-4845 from one D.Sathishkumar, for consideration. The plaintiff has been using the said vehicle as a spare bus to ply his permitted route, namely Vellore to Thanipadi via Thiruvannamalai. The plaintiff had mortgaged the vehicle with M/s.Sundaram Finance for a loan amount of Rs.8 lakhs on 08.06.2018. The vehicle had become old and the plaintiff, with an intention to go with a latest model motor vehicle, informed midd
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.
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 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, ....
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....
(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....
The registered owner remains liable for compensation despite vehicle requisition, and the insurance policy is deemed transferred under statutory provisions.
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