Accident by financed vehicle – Hire purchase agreement – Borrower had the initial obligation to insure the vehicle, but without insurance he plied the vehicle on the road and the accident took place – Person in possession of the vehicle under the hypothecation agreement has been treated as the owner -- High Court has erroneously opined that the financer had the responsibility to get the vehicle insured, if the borrower failed to insure it -- Nothing on record that this fact was known to the financer or it was done in collusion with the financer – Liability could not have mulcted on the financer.
(SC) Decided on: 01.12.2014