KAMAL KISHORE JAICHAND Vs. MADHU MEHRA

JUDGEMENT

(1.) BY this judgment it is proposed to decide two appeals , being FAO No. 523/2001 entitled "Madhu Mehra and Ors. Versus Kamal Kishore Jai Chand and Ors." and FAO No. 269/2002 entitled "Kamal Kishore Jai Chand versus Madhu Mehra and Ors.", as common questions of law and fact are involved. The first of these two appeals has been filed by the claimants seeking enhancement of the amount of compensation awarded by the Claims Tribunal by its judgment dated 08.08.2001, while the second appeal has been filed by the owner of the offending vehicle praying for the setting aside of the aforesaid judgment on the ground that he had sold the offending vehicle to one Jeet Singh prior to the date of the accident and accordingly he is not liable to pay the award amount to the claimants.

(2.) THE facts may be briefly recapitulated as follows.

(3.) AN application was filed by the respondent No.1 Kamal Kishore Jai Chand under Order I Rule 10 of the Code of Civil Procedure praying for deletion of his name on the ground that the vehicle in question had already been sold by him to one Jeet Singh on 24th August, 1983 prior to the accident and as such the petition was not maintainable against him. By its order dated 20.03.1985, the Claims Tribunal dismissed the said application and held that the vehicle in question was transferred in the name of Jeet Singh only on 14.01.1985 and that on the date of the accident, that is, on 01.12.1983 even the sale was not complete as only part consideration had been received by the respondent No.1. It further held that as per the written statements filed by the respondents No.2 and 4, viz., the driver of the bus and the DTC, the respondent No.1 was stated to be the owner of the bus on the date of the accident and in the circumstances there was no question of deletion of the name of the respondent No.1.