LAWS(DLH)-2010-5-350

ANOOP KUMAR KAILA Vs. SOMA DEVI

Decided On May 04, 2010
Anoop Kumar Kaila Appellant
V/S
SOMA DEVI Respondents

JUDGEMENT

(1.) By this appeal, the appellant has assailed the judgment of the Tribunal dated 13th Oct., 2006 whereby the Tribunal awarded a sum of Rs. 4,30,000.00 as compensation to the claimants and allowed interest thereon @ 12 per cent.

(2.) The grievance of the appellant is that the Tribunal wrongly fixed liability on the appellant to make this payment, however, the Tribunal gave liberty to the appellant to recover amount from respondent No. 5, Mr. Virender. The Tribunal wrongly held the appellant and respondent No. 5 as jointly and severely liable to pay the compensation. The Tribunal should have held only respondent No. 5 liable to pay the compensation.

(3.) The undisputed facts relevant for the purpose of deciding this appeal are that the appellant was registered owner of a two - wheeler scooter No. DL - 1SJ - 5689. He sold this scooter to respondent No. 5, Virender on 20th Jan., 1999. The usual documents of sale, namely, sale letter in form No. 29 and delivery challan in form No. 30 were executed in favour of respondent No. 5. Respondent No. 5 was to get the registration of scooter transferred in his name. Respondent No. 5, however, continued driving the scooter without getting registration transferred in his name and caused an accident on 2nd April, 1999 at about 10 :10 p.m. thereby fatally injuring a cycle rider. After the accident, scooter was seized and it is respondent No. 5 who laid his claim over the scooter as owner and got the scooter released from police station. No insurance cover was obtained either by appellant before sale or by respondent No. 5 on purchase of scooter.