Review
jains
(Querist) 11 April 2018
This query is : Resolved
In a motor accident claim matter, the R1 registered owner was already transferred the vehicle before accident to some one. from subsequent owner R2 purchased it and while driven by him it met the accident. But the ownership was not changed to R2.Though notice of the matter was received to the R1, he did not appeared through counsel but informed the person who purchased the vehicle from him to settle the dispute. Instead of settling the issue he managed to file forged vakalath and written statement for the R1 . As R2 had no license to drive, the award is passed against the registered owner R1 and R2 driver. Now the R1 filed Review petition before the MACT court to review the award on following grounds.(1) The award is erroneous as it based on fake written statement and other documents. As R1 did not filed vakalath or written statement the award considering it's as R1's is not proper. it is apparent error on the face of the record. Is review can be allowed. Is any ruling fit to this situation. In the case of transferred vehicle registered owner is liable ?
Dr J C Vashista
(Expert) 12 April 2018
The registered owner (R1 in this case) and driver (R2) are personally liable to pay awarded amount.
Judgment on the issue will have to be found/searched by you, which you must not expect on this platform.
Dr J C Vashista
(Expert) 12 April 2018
Review of an order/judgment is maintainable and can be successful when there is "some" arithmetical, typographical or any other error appearant. which is bound to fail in the instant case.
P. Venu
(Expert) 12 April 2018
R1 can even approach the Court even for initiating contempt proceedings.
