Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988:s. 166 read with ss.2(30) and 50- Fatal accident- Claim petitions by heirs of deceased persons - At the time of accident offending truck in possession of transferee but change of ownership not recorded in registration certificate - Truck covered under insurance policy taken out in the name of recorded owner - Claims Tribunal held the claimants entitled to compensation - Liability to pay compensation - HELD: In view of the omission to change the name of owner in certificate of registration, the transferor (recorded owner) must be deemed to continue as the owner of the vehicle for the purposes of the Act - Therefore, he was equally liable for payment of compensation amount - Further, since the insurance policy was taken out in his name, he was indemnified and the claim will be shifted to the insurer. Constitution of India, 1950:Article 136 - Appeal - Similar relief to non-appellants - Claims Tribunal allowed two claim petitions filed by heirs of two victims of a motor accident and held them entitled to specified amounts of compensation - Appeal before Supreme Court only in one case by heirs of one of the deceased - Directions given to insurance company for payment of compensation to heirs of both the deceased in both the cases - Motor Vehicles Act, 1988 - Appeal |
Judge | Hon'ble Mr. Justice Aftab Alam Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2011 INSC 36 |
Petitioner | Pushpa @ Leela & Ors |
Respondent | Shakuntala & Ors |
SCR | [2011] 1 S.C.R. 334 |
Judgement Date | 2011-01-12 |
Case Number | 6924 |
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