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Head Note

Motor Vehicles Act,1988  - Section 2 (30) , Section 146 , Section 168

Compensation - Non Insured vehicle - Under hypothecation - Liability of owner - Expression 'owner' - The predecessor-in-interest of the appellant, Centurion Bank, was the registered owner along with respondent no.2 - The respondent no. 2 was in control and possession of the vehicle - Held - That a registered owner of the vehicle should not be held liable if the vehicle is not in his possession and control - There is evidence on record that the respondent no.2, without the insurance plied the vehicle in violation of the statutory provision contained in Section 146 of the 1988 Act, the High Court could not have mulcted the liability on the financier - The liability to satisfy the award is that of the owner, the respondent no. 2 herein and not that of the financier.

Topic(s)-MACT - Liability of Noninsured Vehicle - Owner liable ,  not the financier