The main legal point established is that the registered owner of a vehicle, even after transferring ownership, remains liable for compensation to third parties unless the transfer is duly informed to the registering authority.

1. This appeal is directed against the award dated 05-02-2010 passed by the learned Motor Accident Claims Tribunal, North Tripura, Dharmanagar in case No. T.S. (MAC) 37 of 2008 holding the appellant liable to pay the compensation.

2. The only issue raised by Mr. P. Roy Barman, learned counsel for the appellant, is that the appellant, on the date of the accident was not the owner of the vehicle and hence, not liable to pay compensation.

3. The undisputed facts are that the accident took place on 09-05-2007 and on this date due to the accident the deceased died and the claimants being the legal heirs of the deceased Dinesh Mahishya Das filed the petition for grant of compensation.

4. The present appellant was arrayed as respondent No.2 and he took the defence that much prior to 09-05-2007, i.e. in the year 2002 he had transferred the vehicle in question to Smti. Jyotshna Paul, W/O. Sri Nilmani Paul of West Panisagar on consideration of Rs.1,35,001/- and documents in this regard were also annexed. Smti. Jyotshna Paul in her written statement did not deny the execution of this document but according to her, when she demanded all the necessary papers, documents including registration book, the same was not handed over by the present appellant.

5. I am not going into these aspects of the matter because the fact remains that in the registration record, the appellant continued to remain the owner of the vehicle. The purpose of the Motor Vehicles Act, 1988, especially the purposes with regard to insurance and registration are that the registered owner should get his vehicle insured. It is the duty of the person who is the registered owner to ensure that the provisions of the Motor Vehicles Act are followed and the vehicle is duly insured.

6. Section 50 of the Motor Vehicles Act reads as follows:-

“50. Transfer of ownership.—(1) Where the ownership of any motor vehicle registered under this Chapter is transferred,-

(a) the transferor shall,-

(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and

(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)—

(A) the no objection certificate obtained under section 48; or

(B) in a case where no such certificate has been obtained,-

(I) the receipt obtained under sub-section (2) of section 48; or

(II) the postal acknowledgment received by the transferee if he has sent an application in this behalf by registered post acknowledgment due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted;

(b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.”

7. An obligation is cast upon the owner of any vehicle to inform the registering authority within 14 days of the transfer of vehicle along with all the necessary documents that some transfer of the vehicle has been made. In case, the vehicle was originally registered outside the State and is brought into another State, then the perio