In Pushpa @ Leela & Ors v Shakuntala & Ors, the Supreme Court held that a vehicle’s seller who had taken no steps to register its change of ownership could not escape liability in the event of the vehicle being involved in an accident.
The case arose following a road accident in May 1994 in which three people were killed. They were travelling in a truck owned by an individual named Salig Ram, who had bought the vehicle in February 1993 from an individual named Jitender Gupta. However, neither Gupta nor Ram had registered the change of ownership.
The vehicle was insured by Oriental Insurance. The policy had been taken out in Gupta’s name by Ram.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.