SURESH KUMAR Vs. JAI RAM & ORS

JUDGEMENT

(1.) Instant appeal has been preferred against the award dated 15.05.2009 whereby ld. Tribunal while passing the award compensation has directed the appellant to pay the compensation amount, in addition to respondent no. 3 (driver) and respondent no. 4 (owner) of the offending vehicle.

(2.) It is stated in the instant appeal that ld. Tribunal has erred in not taking into account the fact that the appellant had already transferred the vehicle on 03.04.2000 and the insurance policy on 11.04.2000 in the name of respondent no. 4, whereas, the accident took place on 24.04.2000. However, ld. Tribunal has wrongly fasten the liability on the appellant.

(3.) Though there is no liability fasten on the Insurance Company by the ld. Tribunal, however in the instant appeal the Insurance Company has been made as respondent no. 2. The said respondent has filed reply to this appeal wherein it is admitted that on 24.04.2000, the claimant Jairam (respondent no. 1 herein) while travelling as an occupant on the private Maruti Van No. DL-4CD-6034 (being used as a commercial vehicle / taxi) had met with an accident in District Aligarh, UP. For this accident, no FIR was lodged, but daily dairy was lodged with the concerned authority. The driver of the car at the time of accident was Vicky @ lucky, who is respondent no. 3 in the present appeal. The said car was previously owned by Suresh Kumar (appellant herein), but on 03.04.2000 the said vehicle was transferred and on 11.04.2000, the policy of the Insurance Company also transferred from his name to the name of Dinesh Kumar (respondent no. 4 herein) prior to accident in question.