PUNJAB & HARYANA HIGH COURT
N.K.Sud and Ajay K.Mittal JJ.
Vipin Kumar Sharma
Versus
Jagwant Kaur
First Appeal from the Order No. 2137 of 2005,
Decided On : APRIL 28, 2005
Motor Vehicles Act - Liability of Registered Owner - Section 168, Section 2(30), Section 50 - The court discussed the liability of the registered owner of a motor vehicle under the Motor Vehicles Act. It emphasized that the owner, as defined in Section 2(30), is the person in whose name the vehicle stands registered with the registering authority. The court also referred to Section 168, which specifies the liability of the owner in case the vehicle is not insured. The judgment highlighted the interpretation of the term 'owner' and cited a precedent to support the conclusion that the owner remains liable to third parties as long as his name continues in the records of the registering authority.
Fact of the Case:
The case involved a claim for compensation under Section 166 of the Motor Vehicles Act for the death of a police constable in a motor-cycle accident. The appellant, the registered owner of the offending motor-cycle, contested the claim, arguing that he had sold the vehicle prior to the accident and was not liable for compensation.
Finding of the Court:
The court found that the appellant, as the registered owner of the motor-cycle, was liable to pay compensation despite having sold the vehicle. It emphasized that the liability of the owner continues until the change of ownership is recorded with the registering authority.
Issues: The core issue was whether the registered owner or the subsequent purchaser of a motor vehicle without a change of ownership recorded with the registering authority is liable to pay compensation under the Motor Vehicles Act.
Ratio Decidendi: The court held that the liability of the owner, as defined in Section 2(30) of the Act, continues until the change of ownership is recorded with the registering authority. It cited a precedent to support this interpretation.
Final Decision: The appeal was dismissed, affirming the liability of the registered owner to pay compensation. The court also allowed the appellant to pursue appropriate proceedings against the subsequent purchaser in accordance with the law.
Ajay Kumar Mittal, J.
1. This is owners appeal against the award dated 1.12.2004 of the Motor Accident Claims Tribunal, Kapurthala (for short "the Tribunal") whereby respondent Nos. 1 to 3 have been awarded compensation in the sum of Rs. 4,82,000.00 in equal shares along with interest at the rate of 9% per annum from the date of filing of the claim petition till realisation.
2. On 27.7.2003, one Ravinderbir Singh, aged about 29 years, working as a police constable in the Punjab Police died due to the injuries sustained by him in an accident which took place between the motor-cycle driven by him and the Yamaha motor cycle bearing registration No. PB-09-1491 being driven by Sukhwinder Singh, respondent No. 5. The widow, a minor son, the mother and the father of Ravinderbir Singh, respondent Nos. 1 to 4 respectively filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short the Act) claiming compensation for the death of Ravinderbir Singh. The petition was contested both by the driver and the owner of the offending motor-cycle. The accident was admitted by both of them. Respondent No. 5 i.e. the driver took a plea that the accident took place on account of rash and negligent driving of Ravinderbir Singh himself. The appellant, however, took a stand that he was not the owner of the offending motor-cycle on the date of accident as he had already sold the vehicle to one Gurnam Singh way back in the year 1996 Gurnam Singh had not got the vehicle transferred in his own name and rather had sold it to Sandeep Auto Deals, Gill Road, Ludhiana on 6.11.1997. The owner of Sandeep Auto Deals, Ludhiana further sold the said vehicle to one Anil Kumar Bhatia and the latter sold the same to one Lakhbir Singh. The vehicle changed hands thereafter from Lakhbir Singh to one Rinku Sondhi from Rinku Sondhi to one Kuldip Kumar on 13,12.2001 and Kuldip Kumar sold the same to Sukhwinder Singh i.e. respondent No. 5. It was further stated in the written statement filed by the appellant that Sukhwinder Singh had also executed an affidavit dated 11.11.2003 whereby he had admitted that he had purchased the following motor cycle from Kuldip Kumar. The appellant thus specifically stated that he was not the owner of the offending vehicle at the relevant time and, therefore, no petition could legally be filed against him.
3. The Tribunal on appreciation of evidence led on record by both the parties came to the conclusion that the accident took place due to rash and negligent driving of the motor-cycle driven by Sukhwinder Singh. Though all the four claimants i.e. Respondent Nos. 1 to 4 were held to be legal representatives of the deceased, but in view of the statement of claimant Jagwant Kaur i.e. the widow of the deceased that only she, her son and her mother-in-law were dependent upon the deceased, the award was passed in their favour only and Resham Singh, respondent No. 4 i.e. the father of the deceased was not held entitled to the compensation.
4. As regards quantum of compensation, the dependency of respondent Nos. 1 to 3 on the deceased was held to be at Rs. 4,000.00 per month. Having regard to the age of the deceased i.e. 30 years at the time of the accident multiplier of ten was applied and consequently, a total compensation of Rs. 4,82,000.00 was awarded with interest as stated in the earlier part of the judgment. Both, the driver and the owner of the offending vehicle i.e. the appellant and respondent No. 5 herein were held liable jointly and severally to pay the amount of compensation. The amount of compensation in respect of share of Raj Jeet Singh the minor son of the deceased was ordered to be deposited in Fixed Deposit Receipt in some nationalised bank. It was ordered that he shall be entitled to withdraw the same on attaining majority.
5. Feeling aggrieved by the afore-said award, the present appeal has been filed by the registered owner of the offending motor-cycle.
6. Learned Counsel for the appellant submitted that t
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