NEW INDIA ASSURANCE COMPANY LIMITED Vs. GUDIYA AND OTHERS; KM GANGOTRI AND OTHERS; MAHENDRA SINGH THAGOONA AND ANOTHER; MAHESH KUMAR

JUDGEMENT

(1.) Since, all these appeals have arisen out of the same accident, hence are being adjudicated together after rendering hearing to all concerned.

(2.) It is germane to narrate the brief facts of the accident, in question, which took place on 14.10.2005 at 6:00 PM while the offending vehicle Tata Sumo/Spacio, bearing no.UK-05- 2504, was being driven in the border roads of District Pithoragarh.

(3.) This vehicle was, in fact, owned by one Sri Laxman Singh S/o Sri Vijay Singh, who purchased the same way back in the year 2003 under hypothecation with some financer. He transferred the possession of such vehicle on 18.06.2005 for the consideration of Rs.2,10,000/- and out of such amount, he received Rs.70,000/- in advance with the delivery of possession to the purchaser Mr. Bhagat Ram.