JAVEED AHAMAD SHAH Vs. PARVEENA BANOO

JUDGEMENT

(1.) Where does the liability to pay compensation under section 166, Motor Vehicles Act, lie when the offending vehicle has changed hands without the change in ownership getting reflected in the records maintained by the Regional Transport Office is the question that looks for an answer in the present appeal.

(2.) The facts are brief and simple:

(3.) The award is assailed through medium of instant civil miscellaneous appeal by the registered owner, on the grounds that the award is based on mis-appreciation of the evidence, inasmuch as the learned Tribunal made the award oblivious to the admission of the respondent No. 6 that the appellant had sold to him the offending vehicle much before the accident. It is insisted that there was no reason to make registered owner liable to pay compensation, if any, payable to the claimants. It is pleaded that the appellant having sold the offending vehicle before the accident in question, the appellant had no supervision and control over the driver of the offending vehicle and thus could not be held vicariously responsible for the acts of the driver. It is further pleaded that there was no evidence before the Tribunal that the driver of the offending vehicle was driving the vehicle rashly and negligently at the time of accident and the Tribunal thus was not justified in burdening the appellant and respondent No. 6 with liability to pay the compensation to the claimants-respondent Nos. 1 to 4 in the claim petition.