RAVI SHARMA Vs. SUMITRA DEVI & OTHERS

JUDGEMENT

(1.) The instant appeal stands directed by one Ravi Sharma, impleaded as corespondent No.1, in M.A.C Case No.4S/2 of 2015, wherethrough he challenges the award pronounced by the learned Motor Accident Claims Tribunal Shimla, upon, the afore M.A.C Case, (i) whereunder the claimants were held entitled to a sum of Rs. 10 lacs, as, compensation, sparked, by, demise of one Bheem Sen, in, a road side accident involving, the, offending vehicle. The indemnificatory liability visavis the afore compensation amount stands fastened upon, the insurer of the offending vehicle.

(2.) The learned counsel for the appellant has canvassed with much vigor, before, this Court that the adversarial findings returned visavis the appellant, upon issue No. 3, being ingrained with a vice of infirmity. The learned counsel for the appellant has placed reliance, upon, a verdict recorded by the Honourable Apex Court in Case titled as Naveen Kumar versus Vijay Kumar,, 2018 3 SCC 1, wherein, in, paragraphs 13 and 14 thereof, paragraphs whereof stand extracted hereinafter, (i) the Honourable Apex Court has expostulated a candid legal proposition that only the registered owner, of, the offending vehicle or lessee thereof or hypothecatee thereof, alone being amenable for saddling, of, the apposite indemnificatory liability.

(3.) Uncontrovertedly the appellant is neither the registered owner of the offending vehicle nor hypothecatee thereof nor lessee thereof, therefore in view of the aforereferred expostulation, of, law, the rendering, of, adversarial findings, upon issue No.3, returned against the appellant, are, amenable for interference, and, accordingly the findings recorded upon issue No.3 are quashed and set aside.