NIRANJAN SINGH Vs. ZEENA

JUDGEMENT

(1.) THE revision petition has been filed against an order passed by learned Motor Accidents Claims tribunal, Ferozepur (for short 'the Tribunal')granting compensation of Rs. 50,000 under 'no fault liability'. Learned Tribunal came to the conclusion that the accident occurred with tractor bearing No. PUW 9530, which was driven by the respondent no. 1. However, there is dispute regarding ownership of the tractor as in the registration certificate the owner is shown to be raj Kumar whereas the liability has been fastened on Niranjan Singh, treating him to be owner. The learned counsel for the petitioner relies upon a judgment of this court in Vipin Kumar Sharma v. Jagwant kaur, 2007 ACJ 1249 (Pandh), wherein it has been held that it is only the registered owner, which can be held liable under the provisions of Motor Vehicles Act, 1988 (for short 'the Act') and the transferor of the said vehicle may approach the civil court to recover the amount.

(2.) IN view of the Division Bench judgment in Vipin Kumar sharma's case, 2007 acj 1249 (Pandh), the impugned order directing the petitioner to make the payment cannot be sustained. Accordingly, petitioner is discharged from the liability under section 140 of the Act. However, the respondent-claimant would be entitled to recover the amount from the registered owner as well as driver of the vehicle, respondent No. 3, in accordance with law. However, it is also further made clear that it would be open to Raj Kumar to recover the amount from Niranjan Singh under the ordinary civil law. Disposed of accordingly. Petition allowed.