Judgment related to Transfer of Vehicle under MV Act

Judgment related to Transfer of Vehicle under MV Act

 

1.Death of the owner of the offending vehicle, prior to the accident whether the transferee in possession has to be deemed to be covered by policy and Tribunal erred in exonerating the IC from liability. Held ; yes IC held liable further held that on the death of owner, transfer of IP is automatic

2003 ACJ 534 (SC), 2002 ACJ 1035 (MAD), 2001 ACJ

567 (GUJ), 2011 ACJ 1717 (ORI), 2014 ACJ 2751

(All), 2016 ACJ 2295 (P&H), AIR 2017 SC 3572 – Firdaus vs. O.I. Com.

2. Vehicle which met with an accident is sold  by the owner in favour of third party in such case who is liable to pay amount of compensation? Held registered owner remains owner for the purpose of M.V. Act, even though under civil law he ceased to be

the owner after the sale in such situation, both the persons namely current and old owners, both are held liable to pay amount of compassion.

2015 ACJ 1352 (AP), 2012 ACJ 2269 (Del)2012

ACJ 2319 (P&H), 2015 ACJ 2797 (P&H), 2016 ACJ

1964 (HP)2011 ACJ 705 (SC) = AIR 2011 SC 682,

Pushpa v/s Shakuntala, relied upon.

Hon'ble Full bench of the Supreme Court of India in the case of Pappu v/s. Vinod Kumar Lambha, Civil Appeal No.20962 of 2017, arising out of SLP No.29032 of 2015, dated 19.01.2018, reported in 2018 ACJ 690 (SC) has relied upon the ratio laid down in the case of Swaran Singh (supra) and held that an order of Pay and Recover can be passed.

But also see2006

ACJ 1441 (SC)Tilak Singh.

3 – Transfer of the vehicle – own damage case – liability of IC – contention that Section 157 of the M V Act is not applicable to own damage claim, especially when the policy had not been transferred in favour of the transferee owner – Section 157 would come into play only in the case of TP claim and shall not apply in

the case of transferee owner.

2015 ACJ 1703 (P&H).

4 – Section 2(30), 50(1)(a)(i), 50(2)(b) and 55 – Central MV Rules, Rule 55 and 57 – Transfer of vehicle – Liability of registered owner – jeep dashed against a rickshaw and passenger in rickshaw sustained fatal injuries – State Government contended that jeep was sold in public auction as scrap and was not to be

used on the road – further contented that as per Section 50(2)(b) Rule 57, transferee has to move the registering authority for transferring ownership of the vehicle in his name and if it is not done blame could not be attributed to the State Government –

Section 50(1)(a)(i) read with Rule 55 mandates that transferor of the vehicle should report within 14 days from date of transfer to the registering authority – If the jeep was sold as scrap, as Section 55, State Government was required to move Authority

for cancellation of registration is the said jeep but not done – State Government held to be the owner and held responsible.

2018 ACJ 1760 (Bom)

5. Section 165, 169 and 175 – Registered owner – non impleadment of transferee owner – both transferor and transferee owners are required to be joined as party opponents.

2018 ACJ 1807 (Ker)

6. Section 50(1) r/w 2(30) – registered owner – registered owner handed over possession of his car after receiving payment from purchaser – car met with an accident – Tribunal allowed compensation against driver and transferee owner – HC observed that transfer of ownership was not affected as per Section 50(1) and registered owner continued to be owner as per section 2(30) – and passed an order of pay and recover from registered owner – Appeal by registered owner contending that accident occurred within 30 days from transfer and as per section 50(1)(b) when

period of 30 days has been provided and, therefore, liability could not be fasten on registered owner – Contention negativated by holding that owner means a person as defined u/s 2(30) and not the transferee owner Appeal dismissed by SC

2019 ACJ 1 – Prakash Chand v/s. Saveta Sharma, Naveen

Kumar v/s. Vijay Kumar, 2019 ACJ 6777 (SC), 2019 ACJ

1049 (P&H)