VidhiSangh

Supreme Court of India · 06/02/2018

NAVEEN KUMAR V. VIJAY KUMAR AND ORS. versus VIJAY KUMAR AND ORS.

[2018] 2 S.C.R. 572 · 2018 INSC 100

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Summary

The Supreme Court restored the registered vehicle owner’s liability to compensate accident victims despite successive alleged sales unrecorded in the registration certificate. For the Motor Vehicles Act, the person whose name remains registered is the owner, subject to the statutory special categories. Claimants need not trace a chain of unregistered transfers. Decisions involving compulsory State requisition and possession under hypothecation did not absolve this registered owner. The High Court’s order shifting liability to a subsequent purchaser was set aside.

Issues

  1. Whether an alleged sale without change in registration relieved the registered owner of accident-compensation liability.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and first respondent’s liability to compensate restored in terms of the tribunal’s judgment. No costs.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 572.