Punjab-Haryana High Court
Rabina vs Arshad & Ors on 2 May, 2025
Author: Archana Puri
Bench: Archana Puri
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(i) FAO-10256-2014 (O&M)
Rabina
...Appellant
VERSUS
Arshad and others
...Respondents
(ii) FAO-10267-2014 (O&M)
Hakam
...Appellant
VERSUS
Arshad and others
...Respondents
(iii) FAO-567-2015 (O&M)
Hakam
...Appellant
VERSUS
Arshad and others
...Respondents
(iv) FAO-1099-2015 (O&M)
Hakam
...Appellant
VERSUS
Arshad and others
...Respondents
Date of Decision: May 02, 2025
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr.Arjun Attri, Advocate
for the appellants.
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Service of respondent No.1-dispensed with
Mr.Vinod Kumar, Advocate for
Mr.Rajesh Lamba, Advocate
for respondent No.2.
Mr.Digvijay, Advocate for
Mr.Ashish Gupta, Advocate
for respondent No.3
Mr.Pradeep Kumar, Advocate
for respondent No.4.
****
ARCHANA PURI, J.
These are four appeals, filed by the appellants-claimants,
thereby, seeking enhancement of compensation awarded by learned Motor
Accident Claims Tribunal, on account of death of Memuna and Sahila, as
well as injuries sustained by Hakam and Rabina, in a motor vehicular
accident.
Suffice to consider that on 10.03.2012, Hakam along with his
wife Memuna, his daughter Sahila as well as sister-in-law Rabina, was
proceeding to village Dausras, to the house of his in-laws, on a motorcycle,
to attend jalsa (religious function). When they reached near bridge of
Rajasthan Canal Shah Chokha, in the meantime, JCB (yellow colour), which
was being operated in a rash and negligent manner by respondent No.1-
Arshad, tried to pick up 20 feet lengthy iron pipe and moved the same in a
negligent manner and directly hit the motorcycle, of which, the deceased and
injured were the occupants. All the occupants of the motorcycle, together
with the motorcycle had fallen on the ground, as a result whereof, Memuna
as well as Sahila had died and Hakam as well as Rabina had sustained
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injuries.
On appraisal of the evidence, brought on record, learned
Tribunal had concluded about the accident to have taken place on
10.03.2012, on account of rash and negligent driving of vehicle bearing
registration No.UK-09-7679 by respondent No.1-Arshad, as a result
whereof, two persons namely, Memuna as well as Sahila had died and
Hakam as well as Rabina had sustained injuries.
It is pertinent to mention that none of the respondents, who have
been made liable to pay the compensation worked upon, have filed any
appeal to challenge the findings so recorded by learned Tribunal. Be it noted
that it is only the claimants, who have filed the present appeals for seeking
enhancement of the compensation.
In view of the aforesaid conclusion, learned Tribunal, while
considering the claim, vis-a-vis, Sahila, daughter of Hakam, who was three
years old, at the relevant time, had considered the notional income of
deceased as Rs.15,000/- per annum and applied the multiplier of ’15’ and
worked upon the loss of the dependency as Rs.2,25,000/-. Besides the same,
claimant Hakam was also held entitled to Rs.50,000/- towards ‘loss of love
and affection’ and another amount of Rs.20,000/- was awarded, on the count
of ‘last rites’. Thus, the total compensation was worked upon as
Rs.2,95,000/-.
Qua death of Memuna, who is wife of Hakam, while considering her
to be housewife, learned Tribunal had taken the earnings of deceased as
Rs.4500/- per month. 1/3rd was deducted, on the count of ‘personal
expenses’ and the loss of dependency was taken as Rs.3000/- per month.
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Considering the age of the deceased as 21 years, multiplier of ’17’ was
applied and the compensation was worked upon as Rs.6,12,000/-. Another
amount of Rs.25,000/- was awarded towards ‘last rites’. In total, the
compensation was awarded to the extent of Rs.6,37,000/-.
Likewise, while considering the claim of injured Hakam, it was
observed that there is no medical bill, coming on record. Even, the copy of
MLR Mark P3, has not been properly exhibited and there is no X-ray
examination report coming on record. Learned Tribunal had awarded
compensation to the extent of Rs.5000/-.
Qua claim of injured Rabina, considering the medical bills Ex.P1 to
P121, of the amount of Rs.44,353/-, the compensation to the extent of
Rs.44,360/- was awarded, on the count of ‘medical expenditure’. Besides the
same, an other amount of Rs.10,000/- was awarded towards ‘pain and
suffering’ and Rs.5,000/- on the count of ‘transportation’. Thus, in total, the
compensation to the extent of Rs.59,360/- was awarded.
The claimants were also held entitled to interest @7.5% from
the date of filing of the claim petition till realization. So far as, fastening of
liability is concerned, learned Tribunal had concluded that respondents are
liable to pay the compensation, jointly and severally, but in the same breath,
also observed that respondent No.4-insurance company (being insurer) shall
first pay to satisfy the claim and thereupon, respondent No.4 shall have a
right to recover the same from respondents No.1 to 3.
However, the ‘work on’ of the compensation aforesaid, do call
for re-computation.
Firstly, let us consider the claim qua Sahila, who was 3 years
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old, at the relevant time. The notional income of the child had been taken as
Rs.15,000/-. Learned counsel for the appellants assiduously submitted that
while taking into consideration the principle, as laid down in ‘Kishan Gopal
and another v/s Lala and others, 2013(4) RCR (Civil) 276′ and also while
making further reference to ‘Meena Devi v/s Nunu Chand Mahto @
Nemchand Mahto and others, 2022(4) RCR (Civil) 553′, the notional
earnings, taken by learned Tribunal as Rs.15,000/-, is on lower side. In fact,
he submits that taking into consideration the date of the accident, in the
minimum, the compensation, ought to be worked upon, while taking the
notional earnings as Rs.30,000/- per annum.
Before proceeding further, beneficial reference is made to
‘State of Haryana and another vs. Jasbir Kaur and others, 2003(4) RCR
(Civil) 140′, wherein, it was held as herein given:-
“It has to be kept in view that the Tribunal constituted
under the Act as provided in Section 168 is required to
make an award determining the amount of compensation
which is to be in the real sense “damages” which in turn
appears to it to be “just and reasonable”. It has to be
borne in mind that compensation for loss of limbs or life
can hardly be weighed in golden scales. But at the same
time it has to be borne in mind that the compensation is not
expected to be a windfall for the victim. Statutory
provisions clearly indicate that the compensation must be
“just” and it cannot be a bonanza; not a source of profit;
but the same should not be a pittance. The courts and
tribunals have a duty to weigh the various factors and
quantify the amount of compensation, which should be just.
What would be ‘just” compensation is a vexed question.
There can be no golden rule applicable to all cases for
measuring the value of human life or a limb. Measure of
damages cannot be arrived at by precise mathematical
calculations. It would depend upon the particular facts and
circumstances, and attending peculiar or special features,
if any. Every method or mode adopted for assessing
compensation has to be considered in the background of
‘just” compensation which is the pivotal consideration.
Though by use of the expression “which appears to it to be
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determination has to be rational, to be done by a judicious
approach and not the outcome of whims, wild guesses and
arbitrariness. The expression ‘just” denotes equitability,
fairness and reasonableness, and non-arbitrary, if it is not
so it cannot be just. (See Helen C. Rebello v. Maharashtra
SRTC, 1998(4) RCR (Civil) 177 (SC): 1991(1) SCC 90).”
The determination of damages for loss of human life, is
extremely difficult task and it becomes all the more baffling, when the
deceased is a child and/or a non-earning person. The future of a child is
uncertain. Where the deceased was a child, he was not earning but had a
prospect to earn, the question of assessment of compensation, therefore,
becomes stiffer. The figure of compensation in such cases, involves a good
deal of guesswork.
In Lata Wadhwa and others vs. State of Bihar and others,
2001(4) RCR (Civil) 673 (SC), the Hon’ble Supreme Court, held that while
computing compensation, distinction between deceased children falling
within the age group of 5 to 10 years and age group of 10 to 15 years, can be
made. Further, it was observed that the compensation determined for the
children, for all age group, could be doubled, of what is stated in Schedule II
of the Motor Vehicle Act, as the determination was made grossly inadequate
and the loss of children is irrecoupable and no amount of money could
compensate the parents. The principles laid down in aforesaid case, was
made applicable to the facts in the case of Krishan Gopal‘s case (supra) and
it was thus considered as ‘just and reasonable’ to take notional income of
Rs.30,000/- and applying the multiplier as laid down in Smt.Sarla Verma vs.
Delhi Transport Corporation and anr., 2009(3) RCR (Civil) 77 and
observed as herein given:-
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“In view of the aforesaid reasons, it would be just and
reasonable for us to take his notional income at Rs.30,000/-
and further taking the young age of the parents, namely the
mother who was about 36 years old, at the time of accident, by
applying the legal principles laid down in the case of Sarla
Verma v. Delhi Transport Corporation, the multiplier of 15
can be applied to the multiplicand. Thus, 30,000×15=4,50,000
and 50,000/- under conventional heads towards loss of love and
affection, funeral expenses, last rites as held in Kerala SRTS v.
Susamma Thomas, which is referred to in Lata Wadhwa‘s case
and the said amount under the conventional heads is awarded
even in relation to the death of children between 10 to 15 years
old. In this case also we award Rs.50,000/- under conventional
heads. In our view, for the aforesaid reasons the said amount
would be fair, just and reasonable compensation to be awarded
in favour of the appellants.”
In ‘Kurvan Ansari alias Kurvan Ali and another v/s Shyam
Kishore Murmu and another, 2022 (1) SCC 317′, the Hon’ble Supreme
Court was of the view that it was necessary to increase the notional income
by taking into account the inflation, devaluation of the rupee and cost of
living and the notional income of a child aged about 10 years was considered
as Rs.10,000/-.
Before adverting to the case in hand, it is pertinent to mention
that in Krishan Gopal‘s case (supra), the accident had taken place on
19.07.1992. In Meena Devi‘s case (supra), where the accident had taken
place on 29.07.2003, the Hon’ble Supreme Court had considered the case of
death of a 12 year child, in a motor vehicular accident and while granting
compensation, had observed that the principles laid down in case of Kishan
Gopal‘s case (supra), are aptly applicable to the facts of the case (in hand),
and thus, took the notional earnings as Rs.30,000/- including future
prospects and applied the multiplier of ’15’ (in view of the decision of the
Hon’ble Apex Court Sarla Verma‘s case (supra) and the loss of dependency
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was worked upon to be Rs.4,50,000/- and addition of Rs.50,000/- was made
under the conventional heads. The total compensation was worked upon as
Rs.5,00,000/-.
Now, adverting to the case in hand, considering the aforesaid
case law and also taking into consideration the date of accident, it is just and
appropriate to take notional income of deceased Sahila as Rs.30,000/- per
annum, including future prospects and after applying the multiplier of ’15’,
the loss of dependency works upon to be Rs.4,50,000/-. Besides the same,
as per National Insurance Company Limited vs. Pranay Sethi and others,
2017(4) RCR (Civil) 1009, with the enhancement clause of 10%, after every
three years of the pronouncement of the judgment, the compensation, on the
count of ‘loss of consortium’, works out to be, Rs.48,400/- and on the
similar pattern, on the count ‘funeral expenses’, the compensation payable,
comes to be Rs.18,150/-.
Considering the same, the compensation payable to appellant-
claimant Hakam, on account of death of Sahila, is re-computed, as herein
given:-
Loss of dependency : Rs.4,50,000/-
Loss of consortium : Rs.48,400/-
Funeral expenses : Rs.18,150/-
Total : Rs.5,16,550/-
As such, the enhanced compensation, after the deduction of
compensation awarded by the Tribunal comes to be Rs.5,16,550-
2,95,000=Rs.2,21,550/-.
Now, let us consider the claim qua death of Memuna, wife of
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Hakam. It is pleaded case that deceased Memuna was working as labourer
and she was 30 years old. While working upon the extent of compensation,
learned Tribunal, had considered the age of the deceased as 21 years and had
applied the multiplier of ’17’, to the extent of loss of dependency. However,
this ‘work on’ of the compensation, do call for re-determination.
Time and again, it has been held by the Courts to determine the
compensation, on the basis of services rendered by the homemaker to the
house and on the basis thereof, it is held by the Courts that even though,
there is no data for determination of compensation, but however, taking into
consideration, the multifarious services rendered by the housewives for
managing the entire family, the value of the services should be assessed and
compensation be worked upon.
It is necessary to keep in mind that the contribution made by the
wife to the house, is invaluable and cannot be computed in terms of money.
The gratuitous services rendered by the wife, with true love and affection to
the children and her husband and managing the household affairs, in any
manner, cannot be equated with the services rendered by others. However,
pecuniary estimate has to be made, with regard to the services of the
housewife/mother. In this context, it is held by the Courts that the term
“services” is required to be given a broad meaning and must be construed,
while taking into account the loss of personal care and attention, given by
the deceased to her children, as a mother and to her husband, as a wife.
Before indulging into re-work of the compensation, it is
necessary to point that on account of death of Memuna, the claim petition
was filed by her husband Hakam and five children. In total, there were six
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claimants, but in the impugned Award, there is mention made only of
husband of deceased Memuna. There is no mention made of the children,
who had also filed the claim petition. Further, even the appeal has been filed
by Hakam only. But anyhow, the claim of the children, ought to be taken
into consideration.
In the claim petition, deceased Memuna is asserted to be 30 years old,
but erroneously, learned Tribunal had considered the age of the deceased as
21 years, though, stating about the same to have been taken, on account of
recitals of post-mortem report. However, the post-mortem report, which is
coming on record, as Mark P8, can be taken into consideration, even though,
it has not been duly exhibited, as the proceedings are of summary nature and
any process can be adopted by the Courts to grant ‘just compensation’. This
post-mortem report states the age of the deceased as 27 years and not 21
years, as concluded by learned Tribunal.
However, it is significant to point out that the services rendered
by the deceased, ought to be taken into consideration. The claim petition was
filed by husband and five children, who were all minor. The number of
children, ought to be taken into consideration and consequently, the
numerous duties performed by the deceased, while nurturing her home and
taking care of husband and children, the value of her services, in any case,
cannot be taken at the minimum tier of earnings as that of unskilled worker.
At the relevant time, the minimum wages of unskilled labourer was
Rs.4847/-. However, considering the number of children, in modest
estimate, the earnings of deceased Memuna are taken as Rs.5000/- per
month.
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Considering age of deceased to be 27 years, addition of 40%,
ought to be made, on the count of ‘future prospects’. Thus, addition of
Rs.2000/- is to be made and after making such addition, the earnings of the
deceased, comes to be Rs.7000/- per month. Considering the number of
dependents, the deduction of 1/4th is to be made, on the count of ‘personal
expenses’, which comes to be Rs.1750/- and the residue earnings comes to
be Rs.5250/-, annual whereof is Rs.63,000/-.
Even though, an observation has been made about the deceased to be
21 years old by learned Tribunal, but however, the multiplier of ’17’ so
applied, is appropriate, which is the same multiplier as applicable to the age
group of 26-30 years. Thus, the loss of dependency works out to be
Rs.63000×17=Rs.10,71,000/-.
As per Pranay Sethi‘s case (supra), on the count of ‘loss of
consortium’, the compensation, at present, works out to be Rs.48,400/-. As
per Magma General Insurance Company Limited vs. Nanu Ram @
Chuhru Ram and others, 2018 (18) SCC 130, all the claimants/dependents
are entitled to ‘spousal’, ‘parental’ and ‘filial’ consortium, as required.
Thus, on the count of ‘loss of consortium’, all the claimants i.e. husband and
five children, are held entitled to compensation of Rs.48,400/- each i.e.
Rs.48,400×6=Rs.2,90,400/-. On the same parameters, even, on the counts of
‘loss of estate’ and ‘funeral expenses’, the compensation payable, comes to
be Rs.18,150/-, on each count.
Considering the same, the compensation payable to claimants,
on account of death of Memuna, is re-computed, as herein given:-
Loss of dependency : Rs.10,71,000/- VINEET GULATI 2025.05.06 11:09 Loss of consortium : Rs.2,90,400/- I attest to the accuracy and authenticity of this document Chandigarh FAO-10256-2014 and connected cases -12- Loss of estate : Rs.18,150/- Funeral expenses : Rs.18,150/- Total : Rs.13,97,700/-
As such, the enhanced compensation, after the deduction of
compensation awarded by the Tribunal comes to be Rs.13,97,700-
6,37,000=Rs.7,60,700/-. Out of the enhanced compensation, as now worked
upon i.e. Rs.7,60,700/-, appellant-claimant Hakam is held entitled to
Rs.10,700/- and other claimants i.e. five children of Memuna are held
entitled to Rs.1,50,000/- each.
Now, coming to the claim qua injuries sustained by Hakam.
Even though, it is asserted about Hakam to have sustained multiple injuries
in the accident in question, but however, no evidence, giving the detail of the
injuries and manner of treatment undergone by claimant Hakam has been
brought on record. Mark P3 is the copy of the MLR, which has been
discarded by learned Tribunal, as it has not been duly proved. However, as
observed, even this marked document, can be taken into consideration. The
perusal of MLR Mark P3 reveals that Hakam had sustained following three
injuries:-
1. Contusion (rt) clavicular region of size 6 x 5cm, reddish
discolouration bone end of fractured clavical left,
tenderness present.
2. Contusion of size 6 x 3 cm present over (Rt) side chest,
tenderness present.
3. Contusion of size 3 x 3.5 cm present, swelling, superficial
tenderness present.
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Anyhow, no evidence, as such, has been brought on record about any further
treatment undergone by Hakam, qua the injuries sustained by him. No X-
ray examination report has been proved. The treatment record also, is not
coming on record. Even, no medical bill has come on record. But anyhow, it
is quite obvious, soon after the accident, the claimant must have remained
under trauma and on account of contusions sustained by him, he must have
also remained under pain as well as must have taken special diet for healing
process. Considering all these aspects, the compensation of Rs.5,000/-
awarded by learned Tribunal, stands enhanced to Rs.10,000/-.
Now, coming to the claim qua injured Rabina. Qua said
injured, the medical bills have been proved as Ex.P1 to Ex.P121. The said
bills are in the name of claimant Rabina and also co-relate to the date of
accident. Copy of the MLR of the said injured has come on record as Mark
P2, which reveals about her to have sustained as many as five injuries, which
are as follows:-
1. Laceration wound of size 6 x 1 cm present over frontal
bone. Fresh bleeding present, irregular margin.
2. Contusion (Rt) orbital region and chest bone reddish
bluish, discolouration size 8 x 5 cm.
3. Contusion left orbital region, reddish bluish
discolouration 3 x 4 cm in size.
4. Injury to upper jaw, teeth incision,—- and canines
looseout, bleeding present from socket.
5. Contusion of size 4 x 2 cm present over lateral —–”
Even, x-ray examination was advised. However, similar to the
case of Hakam, even in this case, no treatment record has been proved.
There is no evidence about the x-ray examination having conducted and also
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had sustained injuries, as she was occupant of the ill-fated motorcycle, at the
relevant time and medical bills have also been proved on record.
Besides the medical bills of Rs.44,360/-, taking into consideration
‘pain and suffering’ and also ‘transportation’, used during the course of her
treatment as well as intake of ‘special diet’ for healing process, this Court,
considers it appropriate, to award an amount of Rs.30,000/-, over and above
the compensation awarded by learned Tribunal. Thus, the total
compensation works out to be Rs.59,360+30,000=Rs.89,360/-.
Further, it is pertinent to mention that from the evidence,
coming on record, it stands established that respondent No.2-Sawan Singh
Panwar is the registered owner of offending vehicle bearing registration
No.UK-09-7679. He had taken the plea about the offending vehicle to have
been sold to respondent No.3-Mehmood, vide sale document Ex.P13.
However, the registration certificate of the vehicle Ex.R3, coming forth,
reveals about the said vehicle to be still registered in the name of respondent
No.2 and in these circumstances, learned counsel for respondent No.2
submits that learned Tribunal had erroneously saddled the liability upon him
also. He also questioned the right of recovery granted to the insurance
company.
However, no sustenance, as such, can be drawn by the registered
owner of the offending vehicle, on the basis of the document of sale Ex.P13.
The definition of ‘owner’, which is provided under the Motor
Vehicle Act, as given in Section 2(30), is reproduced, as herein given:-
“owner means a person in whose name a motor vehicle stands
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registered and where such person is a minor, the guardian of
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subject of a hire-purchase, agreement, or an agreement of lease
or an agreement of hypothecation, the person in possession of
the vehicle under that agreement;
Keeping in view the definition of ownership, as aforesaid, it is
essential to make reference to the decision rendered by the Hon’ble Supreme
Court in Naveen Kumar vs. Vijay Kumar and others, 2018(2) RCR(Civil)
74, wherein, while dealing with the question of sale of vehicle and also
about the manner of fastening liability, upon the registered owner or
subsequent owner, it was held as herein given:-
12. The consistent thread of reasoning which emerges from the
above decisions is that in view of the definition of the
expression ‘owner’ in Section 2(30), it is the person in whose
name the motor vehicle stands registered who, for the purposes
of the Act, would be treated as the ‘owner’. However, where a
person is a minor, the guardian of the minor would be treated
as the owner. Where a motor vehicle is subject to an agreement
of hire purchase, lease or hypothecation, the person in
possession of the vehicle under that agreement is treated as the
owner. In a situation such as the present where the registered
owner has purported to transfer the vehicle but continues to be
reflected in the records of the registering authority as the
owner of the vehicle, he would not stand absolved of liability.
Parliament has consciously introduced the definition of the
expression ‘owner’ in Section 2(30), making a departure from
the provisions of Section 2(19) in the earlier Act of 1939. The
principle underlying the provisions of Section 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
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otherwise would be to defeat the salutary object and purpose of
the Act. Hence, the interpretation to be placed must facilitate
the fulfillment of the object of the law. In the present case, the
First respondent was the ‘owner’ of the vehicle involved in the
accident within the meaning of Section 2(30). The liability to
pay compensation stands fastened upon him. Admittedly, the
vehicle was uninsured. The High Court has proceeded upon a
misconstruction of the judgments of this Court in Reshma and
Purnya Kala Devi.
13. The submission of the Petitioner is that a failure to intimate
the transfer will only result in a fine under Section 50(3) but
will not invalidate the transfer of the vehicle. In Dr. T. V. Jose,
this Court observed that there can be transfer of title by
payment of consideration and delivery of the car. But for the
purposes of the Act, the person whose name is reflected in the
records of the registering authority is the owner. The owner
within the meaning of Section 2(30) is liable to compensate.
The mandate of the law must be fulfilledConsequently, the Hon’ble Supreme Court had upheld the
decision rendered by learned Tribunal, whereby, the registered owner was
held to be jointly and severally liable, together with the driver of the vehicle
involved in the accident.
Further also, reference is also made to the decision rendered by
Hon’ble Supreme Court in Surendra Kumar Bhilawe vs. The New India
Assurance Company Limited, 2020 AIR (Supreme Court) 3149, wherein,
in view of the definition of the expression ‘owner’ in Section 2(30) of the
Motor Vehicles Act, it was held that the person, in whose name the motor
vehicle stands registered, for the purposes of the Act, would be treated as the
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Also, reference is made to decision rendered in Parkash Chand Daga
vs. Saveta Sharma and others, 2019(1) RCR (Civil) 372, wherein the
Hon’ble Supreme Court held that so long as the name of owner continues in
RTO record, he remains liable to third person. Therein also, reliance was
placed upon Naveen Kumar‘s case (supra). Also further, reference was
made to T.V.Jose 2002(1) RCR (Civil), 120, wherein, the Court that ‘there
can be transfer of the title by payment of consideration and delivery of the
car. But for the purpose of the Act, the person, whose name is reflected in
the records of the Registering Authority is the owner. The owner within the
meaning of Section 2(30) is liable to compensate. The mandate of the law
must be fulfilled’.
Further, while summing up, it was held that the law is thus well settled
and can be summerised, as herein given:-
“Even though in law there would be a transfer of ownership of
the vehicle, that, by itself, would not absolve the party, in whose
name the vehicle stands in RTO records, from liability to a
third person … … … Merely because the vehicle was
transferred does not mean that such registered owner stands
absolved of his liability to a third person. So long as his name
continues in RTO records, he remains liable to a third person.In the backdrop of the aforesaid case law, keeping in view the
definition of ‘owner’ as given in Section 2(30) of the ibid Act, it is the
registered owner, who continues to remain liable, despite the alleged sale of
the offending vehicle.
In the light of the same, the liability to pay the compensation, as
VINEET GULATI
2025.05.06 11:09
I attest to the accuracy and
authenticity of this document
Chandigarh
FAO-10256-2014 and connected cases -18-worked upon by learned Tribunal, is to be fastened only upon respondents
No.1, 2 and 4, in the capacity of being driver, owner and insurer of the
offending vehicle. However, the insurance company shall not be entitled to
recovery rights, as erroneously observed by learned Tribunal.
It is further ordered that on the enhanced amount of
compensation, in each case, the appellants-claimants shall be entitled to the
interest, at the rate of 6% per annum, from the date of filing of the present
appeal, till realization of the enhanced amount of compensation.
With the above observations, all the appeals stand allowed.
The pending civil misc. applications, if any, shall stand
disposed of.
May 02, 2025 (ARCHANA PURI)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
VINEET GULATI
2025.05.06 11:09
I attest to the accuracy and
authenticity of this document
Chandigarh
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