Case Note & Summary
The appellant, Jahir Khan s/o Hafij Khan Pathan, filed an appeal against the judgment and order dated 13.02.2013 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 1285 of 2006, which had fastened liability upon him to pay compensation for a motor vehicle accident. The appellant contended that he was never the registered owner of the vehicle (jeep bearing registration No. MH35/E273) at the time of the accident. The certificate of registration (Exh.23) proved in evidence showed that the appellant owned the vehicle only from 11.10.2004 to 03.01.2006, and from 04.01.2006 to 19.12.2006 the owner was Smt. Annapurnabai Trambak Shete. Since the accident occurred after 04.01.2006, the appellant was not the registered owner and could not be held liable. The respondent No.1's counsel submitted that the certificate of registration is a matter of record and appropriate order may be passed. The court framed two issues: whether the appellant was the registered owner at the time of the accident, and whether the impugned judgment fastening liability upon him was legal and proper. Upon examining the certificate of registration, the court found that the appellant was not the owner at the time of the accident. Consequently, the court held that the impugned judgment and order are illegal and set aside, allowing the appeal.
Headnote
A) Motor Accident Claims - Registered Owner - Liability - Motor Vehicles Act, 1988 - The appellant challenged the award of compensation on the ground that he was not the registered owner at the time of the accident. The certificate of registration (Exh.23) showed that the appellant owned the vehicle only from 11.10.2004 to 03.01.2006, and from 04.01.2006 to 19.12.2006 the owner was Smt. Annapurnabai Trambak Shete. Since the accident occurred after 04.01.2006, the appellant was not the registered owner and could not be held liable. Held that the impugned judgment and order are illegal and set aside. (Paras 5-7)
Issue of Consideration
Whether the appellant was the registered owner of the vehicle at the time of the accident and whether the impugned judgment fastening liability upon him is legal and proper.
Final Decision
The appeal is allowed. The impugned judgment and order dated 13.02.2013 passed by the Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 1285 of 2006 are set aside.
Law Points
- Liability of registered owner
- Motor vehicle accident compensation
- Ownership at time of accident
- Certificate of registration as conclusive evidence
Case Details
2017 LawText (BOM) (06) 185
First Appeal No. 696 of 2017
Shri V.N. Patre for appellant, Shri P.S. Mirache assisted by Ms. M.H. Pathade for respondent No.1
Jahir Khan s/o Hafij Khan Pathan
Lakhan s/o Dhaneshwar Date through natural guardian father Dhaneshwar Vijay Date, Branch Manager, New India Insurance Co. Ltd
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Nature of Litigation
Appeal against judgment and order of Motor Accident Claims Tribunal fastening liability to pay compensation upon the appellant.
Remedy Sought
Appellant sought setting aside of the impugned judgment and order on the ground that he was not the registered owner at the time of the accident.
Filing Reason
The appellant was held liable to pay compensation despite not being the registered owner of the vehicle at the time of the accident.
Previous Decisions
The Motor Accident Claims Tribunal, Nagpur passed judgment and order dated 13.02.2013 in Claim Petition No. 1285 of 2006 fastening liability upon the appellant.
Issues
Whether the appellant was the registered owner of the vehicle in question at the time of the accident?
Whether the impugned judgment and order are legal and proper in so far as they have the effect of fastening liability to pay compensation upon the appellant?
Submissions/Arguments
Appellant's counsel submitted that the appellant was never the registered owner at the time of the accident, relying on the certificate of registration (Exh.23) showing ownership only from 11.10.2004 to 03.01.2006.
Respondent No.1's counsel submitted that the certificate of registration is a matter of record and appropriate order may be passed.
Ratio Decidendi
A person cannot be held liable as the owner of a motor vehicle for an accident if the certificate of registration shows that the ownership was transferred to another person prior to the date of the accident. The registered owner at the time of the accident is the person liable to pay compensation.
Judgment Excerpts
The certificate of registration of the motor vehicle vide Exh.23 clearly shows that the vehicle in question, bearing Registration No. MH35/E273, was initially owned by one Israil Abdul Mazid Pathan and then it was owned by the present appellant. It further shows that the ownership of this vehicle was with the present appellant only during the period from 11.10.2004 to 03.01.2006. It further shows that from 04.01.2006 till 19.12.2006, the ownership of the vehicle in question was with one Smt. Annapurnabai Trambak Shete.
Procedural History
The Motor Accident Claims Tribunal, Nagpur passed judgment and order dated 13.02.2013 in Claim Petition No. 1285 of 2006 fastening liability upon the appellant. The appellant filed First Appeal No. 696 of 2017 before the Bombay High Court, Nagpur Bench, challenging the said judgment and order. The appeal was heard finally by consent of counsel and decided on 16.06.2017.
Acts & Sections
- Motor Vehicles Act, 1988:
