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Civil · Reportable judgment

Prakash Chand Daga vs Saveta Sharma & Ors.

Court
Supreme Court of India
Date
14 December 2018
Case No.
Civil Appeal No. 11369 of 2018
Result
Dismissed
Bench
Uday Umesh Lalit, D.Y. Chandrachud
Citation
[2018] 13 S.C.R. 936 : 2018 INSC 1213
Supreme Court Reports [2018] 13 S.C.R. 936 : 2018 INSC 1213
Headnote

Motor Vehicles Act, 1988 – ss.2(30), 50 and 177 – Compensation – Appellant, original owner of a car, sold the said vehicle to the first respondent – Vehicle got involved in an accident – Second respondent received injuries – Claim petition by second respondent – Tribunal assessed compensation at Rs.12.47 lakhs and the liability was fastened on the driver and first respondent – High Court modified the award to the extent that the Insurance Company was liable to make compensation to the claimant and the Insurance Company was given recovery rights to recover the same from the appellant-registered owner of the vehicle – On appeal, held: It is settled that merely because the vehicle was transferred does not mean that such registered owner stands absolved of his liability to a third person – So long as his name continues in RTO records, he remains liable to a third person – Thus, High Court was right in its finding that despite the sale of the vehicle, no transfer of ownership, in accordance with s.50 of the Act was effected and the appellant continued to be the owner of the vehicle. Dismissing the appeal, the Court

HELD: 1. Section 50 of the Motor Vehicles Act, 1988 prescribes timelines within which the transferor and the transferee are required to report the factum of transfer. As per Sub-Section 3 of said Section 50, if there be failure to report the fact of transfer, fine could be imposed and an action under Section

177 could thereafter be taken if there is failure to pay the amount of fine. These timelines and obligations are only to facilitate the reporting of the transfer. It is not as if that if an accident occurs within the period prescribed for reporting said transfer, the transferor is absolved of the liability. [Para 5][939-D-E]

2. Chapter XII of the Act deals with Claims Tribunals and as to how applications for compensation are to be preferred and dealt with. While considering such claims, the Claims Tribunal, in case of an accident is required to specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or whether such amount be paid by all or any of them, as the case may be. It is well settled that for the purposes of fixing such liability the concept of ownership has to be understood in terms of specific definition of ‘owner’ as defined in Section 2(30) of the Act. [Para 6][939-E-F]

Read the full headnote (3 more paragraphs)

3. The High Court found that despite the sale of the vehicle, no transfer of ownership, in accordance with Section 50 of the Act was effected and as such the appellant continued to be the owner in terms of definition as incorporated in Section 2(30) of the Act. The High Court was absolutely right in allowing the appeal. The challenge raised by the appellant must fail. [Paras 3 and 9][938-E-F; 941-F]

Naveen Kumar v. Vijay Kumar and Others (2018) 9 SCC

1 : [ 2017] 12 SCR 805 ; Pushpa alias Leela and Ors. v. Shakuntala and Ors.(2011) 2 SCC 240 : [2011] 1 SCR 334 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. This appeal challenges the judgment and order dated 05.04.2018 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No.7010/2011. 2. The appellant, original owner of a Santro Car sold said vehicle to Ms. Saveta Sharma, first respondent on 11.09.2009. According to the appellant, after receiving due consideration, the possession was transferred to said first respondent. An accident occurred on 09.10.2009 in which one Rakesh Kumar, second respondent, received injuries. In a claim lodged by second respondent, the
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