BALWANT KAUR Vs. JASBIR KAUR

JUDGEMENT

(1.) THE appeal by transferee of the vehicle who had admittedly taken the delivery of the same before the accident. THEre was an affidavit by the previous registered owner in evidence in the transfer. THE contention by the appellant is that the registration of the vehicle had not been transferred in his name and therefore, the registered owner alone will be responsible. THE Tribunal rejected such contention. I do not find any error in the decision of the Tribunal, for transfer of the vehicle takes place under Section 19 of the Sale of Goods Act and what are essential are delivery of possession and payment of consideration. Section 51 of the Motor Vehicles Act deals with provision for transfer of registration of the vehicle. THE transfer of the ownership and transfer of FAO No. 977 of 2008 -2- registration are two distinct concepts, as explained by the Supreme Court in Vasantha Viswanathan Versus V.K. Elayalwar (2001) 8 SCC 133.

(2.) IT is further contended by the learned counsel for the appellant that the driving license was genuine and therefore, liability ought to be on the insurer. The Tribunal itself found the licence to be genuine but it has fastened the liability on the owner by the only fact that the deceased person was a gratuitous passenger in a goods carriage and there existed no insurance cover. The law has been well settled through the decision of the Supreme Court in New India Insurance Company Versus Asha Rani (2003) 2 SCC page 223 that the insurer cannot, therefore, be compelled to answer to the claim in such cases. The award is confirmed and the appeal is dismissed.