High Court Of Madhya Pradesh
RAM PAL SINGH
SONARAM - Appellant
Versus
JAIPRAKASH - Respondents
Misc. Appeal 80 Of 1977
Decided On : 07/30/1985
MOTOR VEHICLES ACT - OWNERSHIP TRANSFER - LIABILITY FOR ACCIDENT - SECTION 31 - TRANSFER OF OWNERSHIP - FAILURE TO COMPLY - REGISTERED OWNER REMAINS LIABLE - COMPENSATION - NON-PECUNIARY DAMAGES - ASSESSMENT - RULES - INTEREST - SIMPLE INTEREST AT 10% FROM DATE OF APPLICATION.
Fact of the Case:
A tempo driven by a driver employed by Sonaram hit a bicyclist, Jaiprakash, causing him severe injuries. Jaiprakash filed a claim for compensation under Section 110-A of the Motor Vehicles Act, 1939, impleading Sonaram, the Insurance Company, and Kiran Devi as parties. Sonaram claimed that he had transferred the vehicle to Kiran Devi before the accident, while Kiran Devi claimed that she was only a financier and not the owner. The Tribunal awarded compensation jointly and severally against Sonaram, Kiran Devi, and the Insurance Company.
Finding of the Court:
The court found that Sonaram was the registered owner of the vehicle on the date of the accident and that he had not complied with the procedure prescribed in Section 31 of the Act for transfer of ownership. Therefore, Sonaram remained the registered owner and was liable to pay damages. The court also found that the compensation awarded by the Tribunal was inadequate and increased it by Rs. 600/-. The court further held that Kiran Devi was not vicariously liable to pay compensation and that only Sonaram and the Insurance Company were liable.
Issues: 1. Whether Sonaram or Kiran Devi was the owner of the vehicle at the time of the accident. 2. Whether the compensation awarded by the Tribunal was adequate. 3. Whether Kiran Devi was vicariously liable to pay compensation.
Ratio Decidendi: 1. The registered owner of a vehicle is liable for damages caused by the vehicle, even if the vehicle has been transferred to another person, unless the transfer has been completed in accordance with the procedure prescribed in Section 31 of the Motor Vehicles Act, 1939. 2. The amount of compensation awarded for non-pecuniary damages should be reasonable, moderate, and based on comparable cases. 3. A person who is not the owner of a vehicle is not vicariously liable for damages caused by the vehicle.
Final Decision: The court allowed Kiran Devi's appeal and held that she was not liable to pay compensation. The court dismissed Sonaram's appeal and modified the award passed by the Tribunal to increase the compensation awarded to Jaiprakash by Rs. 600/- and to make Sonaram and the Insurance Company solely liable for the damages and expenses.
( 1 ) THIS judgment shall also govern the disposal of Miscellaneous Appeal No. 91 of 1977 (Smt. Kiran Devi v. Jaiprakash) also.
( 2 ) THESE two appeals have been preferred against the award passed by the Motor Accidents Claims Tribunal, Gwalior, (for short, hereinafter called 'the Tribunal') dt. 17-3-1977 in Claim Case No. 29 of 1974.
( 3 ) JAIPRAKASH alias Jainarayan, respondent No. 1 filed an application for compensation before the Tribunal under S. 110-A of the Motor Vehicles Act, 1939 (for short, hereinafter called 'the Act') of an amount of Rs. 21,300/-, impleading appellant Sonaram; the Insurance Company and Kiran Devi as the parties. According to this application, on 4-4-1970 at 7. 00a. m. the driver of tempo No. MPC 928 was driving the tempo rashly and negligently in a high speed and on the wrong side, while the applicant on his bicycle was going from Patankar market towards the High Court on his left side. When he reached the crossing of Lohia Bazar, the said driver hit him with the vehicle and due to this accident, he suffered several injuries. Consequently, he was admitted in the J. A. Hospital, Gwalior. According to him, the thigh bone of his left leg was broken and he was admitted on 4-4-1970 in the hospital and, after treatment, was discharged on 13-5-1980. But the thigh bone did not unite and he had to re-enter the hospital on 10-7-1970 and till the date of filing of this application he was an indoor patient. According to the claimant, his left leg has not only become weak for the life but has also become deformed. Due to this accident, he could not appear in the annual examination of IXth class in which he was reading. Due to this injury and permanent deformity, he had to leave his studies continuously for two years. He claimed Rs. 550/- as expenses incurred for medicines; Rs. 500/- for fruits and milk, etc. ; he demanded Rs. 10,000/- as claim for mental torture resulting from the injury and Rs. 10,0007- for the physical injury. He further demanded Rs. 250/- as loss for the bicycle. This claim application was contested by the appellant; the driver of the tempo (who died during the pendency of the proceedings before the Tribunal); the Insurance Company and Smt. Kiran Devi. 3a. Before the Tribunal, the claimant-respondent No. 1 examined himself as A. W. 4 and also examined Brij Bihari Gupta (A. W. 1); Sitaram (A. W. 2) and Dr. D. C. Gupta (A. W. 3 ). Brijbihari Gupta (A. W. 1) was a student, who was also with the claimant-respondent No. 1 on the bicycle. He has described the impact of the tempo upon the bicycle and says that he became unconscious and the claimant Jaiprakash suffered injuries. Sitaram (A. W. 2) is father of the claimant, he has proved the amounts spent by him during the confinement of Jaiprakash. Sitaram (A. W. 2) and Brijbihari Gupta (A. W. 1) have, in material particulars, corroborated the testimony of the claimant Jaiprakash. The appellant and respondent Kiran Devi also examined Bhagwati Prasad Singhal (NAW 1); Durga Prasad (NAW 2); Ramkishan (NAW 3); Sonaram (NAW 4) and G. K. Sharma (NAW 5 ). The appellant himself took the witness box. From the side of the claimant-respondent No. 1, before the Tribunal several X-ray plates to prove the fracture of his thigh bone were produced in evidence, but the doctor, who treated his fracture, could not be examined before the tribunal.
( 4 ) THE Tribunal, by the impugned award, has awarded compensation to the tune of Rs. 4,000/- only against the appellant, Kiran Devi and the Insurance Company. This award has been passed jointly and severally against these persons. The appellant and Kiran Devi have, by separate appeals, challenged the impugned award awarded by the Tribunal in favour of the respondent-claimant Jaiprakash.
( 5 ) THE facts, as disclosed, indicate that the accident had taken place on 4-4-1970, and on 22-6-1969 Sonaram, appellant, after accepting an amount of Rs. 9,250/-, transferred the vehicle in favour of Kiran Devi. A receipt
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