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Supreme Court of India

Hdfc Bank Ltd. v. Kumari Reshmaand Ors.

Neutral citation
Reported as [2014] 14 S.C.R. 1007
Bench Dipak Misra, Rohinton Fali Nariman and Uday Umesh Lalit JJ.
Decided 1 December 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid premises, we allow the appeals and hold that the liability to satisfy the award is that of the owner, the respondent no. 2 herein and not that of the financier and accordingly that part of the direction in the award is set aside.

Judgment, page 22

From the headnote

Motor Vehicles Act, 1988 - ss. 2(30) and 146 - Motor accident by uninsured motor vehicle which was hypothecated under hire-purchase agreement - Liability of financier - To pay compensation to third party - Held: Where the motor vehicle is subject of hire-purchase agreement, the person in possession of the vehicle under the agreement would be the owner- In the instant case, the vehicle was not in possession of the financier and was plied on the road in violation of s. · 146 without the knowledge of the financier - Hence the financier cannot be held liable to pay compensation. Allowing the

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