Summary
The insurer’s compensation liability for the deceased driver continued whether the insured registered owner had retained the vehicle or transferred it to the alleged employer. The Court held the High Court’s remand unnecessary and restored the Workmen Compensation Commissioner’s award with interest.
Issues
- Whether the alleged transfer and disputed identity of the driver’s employer required remand before fixing the insurer’s liability.
Provisions considered
- Section 157(1), Motor Vehicles Act, 1988Deemed transfer of the certificate and policy, including rights and liabilities, preserved the relevant insurance liability on transfer. (¶ 14–16)
Held
- The Commissioner’s ownership inference rested on the registered owner’s failure to produce the registration certificate, and the High Court had not found transfer proved. Mere reliance on the claimant father’s statement did not justify overturning the award. (¶ 11–12)
- In any event, applying Rikhi Ram and the corresponding provisions of the 1988 Act, transfer did not terminate the insurer’s liability to the victim. A concluded ownership finding was therefore unnecessary for this case. (¶ 13–16)
Result
Appeal allowed; High Court remand set aside and award of Rs.4,27,148 with 12% annual interest from the accident date restored. Commissioner directed to ensure payment.