LAWS(DLH)-2011-5-183

KRISHAN GOPAL Vs. SANKAR ALIAS SANKAR LAL

Decided On May 10, 2011
KRISHAN GOPAL Appellant
V/S
SANKAR ALIAS SANKAR LAL Respondents

JUDGEMENT

(1.) THIS is an application praying for condonation of 366 days' delay in filing the appeal. In view of the ground given in the application, which is supported by the affidavit of the appellant, the delay is condoned. The application stands disposed of. With the consent of the parties, the appeal is taken up for final hearing at the admission stage.

(2.) THE short question which arises for consideration in the present appeal is whether the impugned award is liable to be set aside on the prayer of the registered owner of the offending vehicle on the ground that the registered owner of the vehicle had sold the vehicle to the respondent No.6 (arrayed as the respondent No.1 in the claim petition) prior to the date of the accident.

(3.) AGGRIEVED by the aforesaid findings of the Claims Tribunal, the appellant, who is the registered owner of the offending scooter, has preferred the present appeal. It is contended by Mr. Arun Yadav, the learned counsel for the appellant that the impugned award is liable to be set aside in view of the fact that the Claims Tribunal after reaching the right conclusion that the respondent No.6 was the actual owner of the vehicle on the date of the alleged accident erred in holding the appellant liable to pay compensation, though the appellant had sold the vehicle to the respondent No.6 much prior to the date of the accident.