K.L. KATAKWAR Vs. MOHANMATI & ORS.

JUDGEMENT

(1.) HEARD on admission. This is owner's appeal against the award dated 29 -3 -2008 passed by the IIIrd Additional Motor Accident Claims Tribunal, (FTC) Raigarh in Claim Case No. 27/2007 whereby and where under learned Tribunal has awarded Rs. 2,00,000/ -towards compensation for the death of one Juglal Chauhan, to his wife Mohanmati and as against the appellant, along with interest at the rate of 7.5% per annum from the date of application till its recovery.

(2.) BRIEF facts of the case are that Juglal Chauhan met with an accident with a Scooter No. MP 26 YA 8086 being driven by the respondent No. 1 on 14 -3 -2004 and succumbed to the injuries sustained in the said accident.

(3.) CLAIMANT , the unfortunate widow of the deceased filed a claim petition claiming Rs. 8,30,000/ - as compensation for the death of her husband against the appellant as well as respondents No. 2 and 3. The appellant by filing his written statement denied his liability to pay compensation on the ground that he sold the vehicle on 13 -3 -1992 much prior to the date of accident to respondent no. 3 Gandhilal Dewangan and handed over its possession and therefore, he not being owner of the vehicle not liable to compensate the claimant. The respondent No. 3 also filed his written statement and denied such sale in his favour by the appellant and stated that he has been arrayed unnecessarily as a party in the claim petition.