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Brij Bihari Gupta vs. Manmet & Ors. (SC)

52.00 5.20

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Motor Accident Claims–Ownership of the Vehicle–The agreement indicates that the consideration was fixed at Rs. 90,000/- and on payment of Rs. 80,000/- there was a transfer of possession–The recital in the agreement clearly indicates that the balance of Rs. 10,000/- shall be paid within two months and only after the balance is paid, the registration of the vehicle would be transferred–Appellant merely had the possession of vehicle –Ownership was with the registered owner even at the time of the accident and it is his liability to compensate the victims in the accident, which also has to be indemnified by the insurer–Further, the liability to pay falls squarely on the registered owner even if there has been successive transfer which has to be indemnified by the insurer–Appeal of ostensible owner deserves to be allowed.