FAO No.2484 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2484 of 2011 (O&M) Date of Decision. 28.03.2011 M/s Tractor Worlds, Namestey Chowk, G.T. Road, Karnal through its owner Shri Rajnish Monga, resident of Model Town, Karnal. ......Appellant Versus Karambir and others .....Respondents Present: Mr. J.K. Goel, Advocate for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? Yes 3. Whether the judgment should be reported in the Digest? Yes -.- K. KANNAN J.(ORAL) 1. The appellant is not a registered owner but claims to be a financier. The financier who has right of hypothecation will have a right of enforcement of any claim that he may have against the borrower in a properly constituted civil suit and cannot have any remedy in an action for damage to property at the instance of the owner. The appellant, who was the 4th respondent, claimed that any award that may be passed to the registered owner may be ultimately granted in favour of the respondent. Section 166 of the Motor Vehicles Act contemplates an application for compensation and it is possible only at the instance of a person, who has sustained injury or a person who is an owner of the property. A financier is not a person, who could be said to be owner unless the document specifically so. The financier's rights of recovery of FAO No.2484 of 2011 (O&M) -2- the amount for any damage to property to which he financed will exist independently and not before the Tribunal. 2. The appeal is dismissed. (K. KANNAN) JUDGE March 28, 2011 Pankaj*