Case Note & Summary
The case arises from a motor accident claim petition filed by the legal heirs of the deceased Vinubhai Amarshibhai Sarvaiya, who died in an accident involving a rickshaw bearing registration No.GJ-14-T-5471. The Motor Accident Claims Tribunal (Aux), Amreli, partly allowed the claim petition and awarded Rs.2,89,660/- with 9% interest, fastening liability jointly and severally on the appellant (alleged owner) and respondent No.3, while exonerating the insurance company. The appellant, Anilbhai Jodhabhai Zapda, appealed contending that he had transferred the rickshaw to respondent No.3, Jayraj G. Sarvaiya, on 10.10.2003, well before the accident, and that the insurance policy was also in the name of respondent No.3. The learned advocate for the appellant, Mr. Harnish V. Darji, argued that the Tribunal ignored this transfer and wrongly held the appellant liable. The court examined the evidence and found that the transfer of ownership was established by the registration certificate and insurance policy. The court held that since the appellant was not the owner at the time of the accident, he cannot be held liable. The court modified the impugned judgment and award, exonerating the appellant from liability and directing that the compensation be satisfied by respondent No.3 (the transferee) and the insurance company, if the policy was valid. The appeal was partly allowed.
Headnote
A) Motor Vehicles Act - Liability of Owner - Transfer of Ownership - Sections 2(30), 146, 147 Motor Vehicles Act, 1988 - The appellant transferred the offending rickshaw to respondent No.3 on 10.10.2003, prior to the accident. The insurance policy was also in the name of respondent No.3. The Tribunal had erroneously fastened liability on the appellant. Held that the appellant cannot be held liable as he was not the owner at the time of accident (Paras 1-4).
Issue of Consideration
Whether the appellant, who had transferred the offending vehicle before the accident, can be held liable as owner for the compensation awarded.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified to the extent that the appellant is exonerated from liability. The compensation amount shall be satisfied by respondent No.3 (Jayraj G. Sarvaiya) and the insurance company, if the policy was valid.
Law Points
- Transfer of ownership before accident
- Liability of previous owner
- Motor Vehicles Act
- 1988
- Section 2(30)
- Section 146
- Section 147
