Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 – s.2(30) Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – s.2(30) – ‘Owner’ – Motor vehicle driven in reverse gear hit two persons – One died on the spot, while the other received multiple injuries – Vehicle involved in the accident was registered in the name of First respondent – However, before Motor Accident Claims Tribunal successive transfers of the vehicle was put forth as a defence to the claim – Tribunal held the First respondent liable along with the driver of the vehicle as the registration certificate of the offending vehicle continued to be in his name – Appeal by First respondent before High Court, allowed – Held: The person in whose name a motor vehicle stands registered is the owner of the vehicle for the purposes of the Act – Thus, in the present case where the registered owner purportedly transferred the vehicle but continued to be reflected in the records as the owner of the vehicle, he would not stand absolved of liability– Principle underlying the provisions of s.2(30) is that the victim of a motor accident or, in the case of a death, the legal heirs of the deceased victim should not be left in a state of uncertainty– A claimant for compensation ought not to be burdened with following a trail of successive transfers, which are not registered with the registering authority– In the present case, admittedly the vehicle was uninsured – Liability to pay compensation stands fastened upon the First respondent– Judgment of High Court is set aside– Motor Vehicles Act,1939– s.2(19)– Interpretation of Statutes. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 100 |
Petitioner | Naveen Kumar |
Respondent | Vijay Kumar And Ors |
SCR | [2018] 2 S.C.R. 572 |
Judgement Date | 2018-02-06 |
Case Number | 1427 |
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