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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SARDARA SINGH – Appellant
Versus
NATIONAL INSURANCE CO. LTD. & ORS. – Respondent
JUDGMENT :
SUDEEPTI SHARMA J.
1. Since the challenge in all the appeals filed by the owner of Tractor Trolley bearing registration No.PB-12-B-9372 is to award dated 23.01.2008 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Ropar (for short, ‘the Tribunal’), whereby the appellant and respondent-Insurance company were held liable to pay the compensation jointly and severely to the claimants and recovery rights were granted to respondent No.1-Insurance company to recover the compensation from the appellant (owner of the offending vehicle), therefore, all the appeals are decided vide this common judgment.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that on 16.06.2001, the injured/claimant along with other persons had boarded a tractor trolley bearing registration No.PB-12-B-9372 from Sangrur to village Bhaniara to pay obeisance at the Dera of Baba Piara Singh. When the offending vehicle reached Ropar, the claimant and other accompanying persons alighted from the tractor trolley and proceeded on foot on the Ropar–Nurpur Bedi Road in the form of a religious procession by singing religious songs. U
The insurance company remains liable for compensation regardless of vehicle ownership transfer, as long as the vehicle was insured and no policy violations occurred.
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 is solely liable for compensation in motor accident cases under Section 140 of the Motor Vehicles Act, not the driver.
Ownership of a vehicle transfers upon payment and delivery, regardless of registration status.
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