Thread Starter
#1
Buddies,
Having read an article here. It does raise a question as to who should be held liable in a road accident for paying / compensating the damages? Many of us might have unfortunately faced such a situation so would like to know your views on the same.
Regards
Akash
Having read an article here. It does raise a question as to who should be held liable in a road accident for paying / compensating the damages? Many of us might have unfortunately faced such a situation so would like to know your views on the same.
The HC had directed one Naveen Kumar to pay compensation of Rs 5.23 lakh to the family of a person who was killed after being hit by his car. Challenging the order of the HC, advocate Rishi Malhotra, appearing for Kumar, contended that the car was not registered in his name and he could not be asked to pay compensation.
Referring to the Motor Vehicles Act, Malhotra told the bench that law recognised registered the owner and not the 'real owner' of the vehicle and only the registered owner could be made liable to pay compensation.
He said the Motor Accident Claims Tribunal had rightly held that only registered owner be made liable to pay compensation and the HC erred in setting aside the tribunal's order by wrongly interpreting the Act.
Referring to the Motor Vehicles Act, Malhotra told the bench that law recognised registered the owner and not the 'real owner' of the vehicle and only the registered owner could be made liable to pay compensation.
He said the Motor Accident Claims Tribunal had rightly held that only registered owner be made liable to pay compensation and the HC erred in setting aside the tribunal's order by wrongly interpreting the Act.
Akash