MOHINDER SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) Challenge in this Civil 1st Miscellaneous Appeal is to the interim award of MACT, Jammu dated 24.08.2007, whereby the Tribunal has deleted the respondents-Insurance company from array of the respondents and directed the registered owner of the vehicle to pay an amount of Rs. 25,000/- in terms of Section 140, Motor Vehicles Act, 1988 as also the order dated 31.10.2008, whereby the review of the interim award is declined.

(2.) I have gone through the record and have heard learned counsels for the parties.

(3.) The Tribunal felt persuaded to delete the respondents-Insurance Company from the array of respondents and saddled the registered owner with an obligation to pay compensation on the principle of "no fault" liability in terms of Section 140, Motor Vehicles Act, 1988, on the ground that the registered owner transferred the motor vehicle involved in the accident during currency of the Insurance policy to respondent No. 4, without intimating the transfer to the respondents-Insurance company or getting the insurance policy transferred in favour of the transferee. Section 157, Motor Vehicles Act, 1988 deals with the transfer of certificate of insurance. It would be advantageous to extract the provision hereunder;