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NIDHI GUPTA
Rhee Pharmaceuticals (M/s) – Appellant
Versus
Sukhdeep Kaur – Respondent
Judgment
Ms. Nidhi Gupta, J.
Present appeal has been filed by the Registered Owner of Car bearing registration no.PB-04-L-2544 (hereinafter referred to as ‘the offending vehicle’) assailing the Award dated 4.12.2015 passed by Motor Accident Claims Tribunal, Bathinda (hereinafter referred to as ‘the Tribunal’) whereby compensation of Rs.45,20,776/- has been granted to the claimants/respondents 1 to 4 herein, in a petition u/s 166 of the MOTOR VEHICLES ACT ,1988 (hereinafter referred to as ‘the Act’).
2. Ld. Tribunal on appraisal of facts, pleadings and evidence concluded that the deceased-Gurpreet Singh had died due to injuries suffered by him in a motor vehicular accident that took place on 1.5.2012 due to rash and negligent driving of offending vehicle being driven by respondent no.5. Appellant is registered owner of the offending vehicle, while respondent no.6 is the alleged purchaser of the same. Ld. Tribunal held appellant along with respondent no.5 herein/driver of the offending vehicle, liable to pay the compensation as above, along with interest @ 6% per annum from the date of filing of the claim petition till realization.
3. Ld. counsel for the appellant assails the Award on
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 registered owner of a vehicle holds liability for accidents occurring involving that vehicle, regardless of claims of transfer without official updates.
The registered owner of a vehicle at the time of an accident is liable for compensation under the Motor Vehicles Act, regardless of any subsequent transfer of ownership.
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