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2014 (1) TMI 1853
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....lant on the aforesaid point. 3. In short, the facts leading to the institution of the appeal can be stated as follows: The accident took place on 2/03/2000. One Mahindra jeep bearing Temporary Registration No. MH-15-TRE-969 gave dash to the motorcycle of deceased Jose A. Dias, who was aged about 39 years. Jose A. Dias died in the accident. The Claim Petition was file by the widow and two minor issues of Jose A. Dias. The Tribunal has given the decision against respondents No. 1,3 and 4 from the Claim Petition, who are the driver, the dealer and Insurance Company of the vehicle, respectively and they are directed to pay the compensation of Rs. 4,68,650/- (Rupees four lacs sixty eight thousand six hundred and fifty only) with interest at the rate of 9% p.a. jointly and severally. 4. The decision of the Tribunal is challenged only by respondent No. 4, The New India Assurance Company Ltd. The challenge is on the ground that the vehicle was bearing Temporary Registration Number issued by R.T.O. office at Nashik and so it was not open to the dealer to use Trade Certificate on the basis of which the insurance was given by the appellant. It is the case of the appellant that the ve....
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....pondent No. 2. 9. The remaining respondents including the dealer did not file written statement. The Tribunal deleted respondent No. 5, the United India Assurance Company Ltd. from the proceedings on its request after hearing all the sides. The aforesaid circumstances and the record was considered by the Tribunal. The order dated 5/02/2001 passed by the Tribunal in favour of the respondent No. 5 was not challenged by anybody and first time in this proceedings the grievance was expressed by the appellant against this order. 10. The record like the police papers shows that vehicle bearing Temporary Registration No. MH-15-TRE-969 was involved in the accident. It is not disputed that this vehicle had serial No. 3153386 and chasis No. DY 48576. This Temporary Registration Number was obtained by manufacturer for reaching the vehicle to its destination, Vasco-da-Gama, Goa. The Temporary Registration Certificate was issued on 16/02/2000 and it was to be valid until 16/03/2000 (Exhibit 98). Trade Certificate was issued by registering authority from Goa on 28/04/1999. Serial number of the certificate is mentioned as GDM 1005/A,B & C. The name of holder of the certificate is mentioned a....
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....n subject to the condition that he obtains a trade certificate from the registering authority having jurisdiction in the area in which the dealer has his place of business in accordance with the provisions of this Chapter. 35. Grant or renewal of trade certificate - (1) On receipt of an application for the grant or renewal of a trade certificate in respect of a vehicle, the registering authority may, if satisfied that the applicant is a bona fide dealer and requires the certificates specified in the application, issue to the applicant one or more certificates, as the case may be, in Form 17 [within thirty days from the date of receipt of such an application] and shall assign in respect of each certificate a trade registration mark consisting of the registration mark referred to in the notification made under sub-section (6) of section 41 and followed by two letters and a number containing not more than three digits for each vehicle. 37. Period of validity -A trade certificate granted or renewed under rule 35 shall be in force for a period of twelve months from the date of issue or renewal thereof and shall be effective throughout India. 39. Use of trade r....
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....tion mark displayed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. 40. Registration, where to be made - Subject to the provisions of Section 42, Section 43 and Section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. 43. Temporary registration - (1) Notwithstanding anything contained in Section 40 the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration and a temporary registration mark. (2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable : Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a works....
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....e owner. The evidence given by the claimant shows that the vehicle was subsequently sold by the manufacturing company to other party. The word 'owner' is not used and the word 'insured' is used to describe the party in chapter XI of the Act and person like dealer who is having possession of the vehicle under agreement with the manufacturer is expected to see that vehicle is insured when it is in his possession. 16. Under Sections 19 and 21 of Sale of Goods Act, 1930 the sale becomes complete when the conditions laid down are satisfied, which read as under: 19. Property passes when intended to pass - (1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case. (3) Unless a different intention appears, the rules contained in Section 20 to 24 are rules for ascertaining the intention of the parties as to the time at which the property in t....