2014 AIR SCW 6673 ::(2015) 1 WLC(SC)CVL 239 ::(2014) 3 WLC (RAJ) 589 ::(2014) 4 ACC 929 ::(2015) 1 CivLJ 790 ::(2015) 1 CivilCourtC 575 ::(2014) 4 CivilCourtC 424 ::2015 (2) SCC (Cri) 408 ::2015 (3) SCC 679 ::(2015) 1 RecCivR 1 ::(2014) 13 Scale 418 ::(2015) 1 ACJ 1 ::(2015) 1 TAC 1 ::(2015) 2 CurCC 268 ::(2015) 1 CurCC 1 ::(2015) 1 Cal LJ 1 ::(2015) 108 All LR 461 ::(2015) 1 Bom CR 1 ::(2015) 3 Mad LW 15 ::(2015) 4 MPLJ 251 ::(2015) 6 Mah LJ 51 ::(2015) 60 OCR 289 ::(2015) 2 AndhLD 1 ::(2015) 2 JLJR 9 ::(2015) 2 JCR 34 (SC) ::(2015) 2 Pat LJR 283 ::(2014) 4 Raj LW 2967 ::(2015) 1 Raj LW 125 ::(2014) 1 RenCR 531 ::(2015) 1 Pun LR 366 ::(2014) 2 RentLR 423 ::(2015) 1 All WC 599 ::2014 (140) AIC (SOC) 3 (RAJ) ::(2015) 1 MPHT 193

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): Dipak Misra, Rohinton Fali Nariman, Uday Umesh Lalit , JJJ

(A) Motor Vehicles Act (59 of 1988) , S.2(30)— Owner - Who is - Motor vehicle subject of hire-purchase agreement - Person in possession of vehicle under hypothecation agreement - Is owner within meaning of S. 2(30). A person in whose name a motor vehicle stands registered is the owner of the vehicle and, where motor vehicle is the subject of hire-purchase agreement or an agreement of hypothecation, the person in possession of the vehicle under that agreement is the owner. It also stipulates that in case of a minor, the guardian of such a minor shall be treated as the owner. Thus, the intention of the legislature in case of a minor is mandated to treat the guardian of such a minor as the 'owner'. This is the first exception to the definition of the term 'owner'. The second exception that has been carved out is that in relation to a motor vehicle, which is the subject of hire-purchase agreement or an agreement of lease or an agreement of hypothecation, the person in possession of vehicle under that agreement is the owner.(Para 10) (B) Motor Vehicles Act (59 of 1988) , S.168, S.146— Compensation - Liability to pay - Vehicle subject of hire-purchase agreement - Fact that respondent who was in control and possession of vehicle without insurance plied vehicle on road and accident took pla....