HUFRIZ ADI SONAWALA Vs. BHARAT PUNAMCHAND DAVE

JUDGEMENT

(1.) By this Appeal, the appellant has impugned the Judgment and Order dated 31st October 2012 passed by the Motor Accident Claims Tribunal, Mumbai holding the appellant liable to pay entire amount of compensation of Rs.1,34,000/- with interest @ 7.4% p.a from the date of application till realization. The issue arises for consideration of this Court is whether the appellant though claims to have sold the vehicle No.MH-3 7791 to the respondent No.1, but continued to be registered owner in the records of Regional Transport Ofce on the date of accident, he was liable to pay compensation to the respondent no.2.

(2.) It is the case of the appellant that the appellant had sold the said vehicle to the respondent No.2 and had handed over possession thereof alongwith delivery note and requisite documents to enable the respondent No.2 to transfer the said vehicle in his name in the records of RTO.

(3.) On 8th March 2008, the respondent No.1 was knocked down by the respondent No.2. The respondent No.2 was admitted to the hospital and was treated after 15th March 2008 and thereafter between 18th March 2008 and 24th March 2008. The respondent No.1 fled an application before the MACT, Mumbai against the respondent No.2 and the appellant under section 166 of the Motor Vehicles Act,1988 with application under section 140 of the said Act for 'No Fault Liability'. On 11th June 2009, MACT, Mumbai passed Judgment and Order holding the appellant liable to pay compensation to the respondent No.1.