BRIJLAL KHILWANI Vs. SOHAN

JUDGEMENT

(1.) This appeal has been preferred by appellant registered owner challenging the saddling of liability to pay the compensation though the vehicle stood transferred to Sohan alias Sanu Narwaria, respondent No. 1. Tribunal has awarded compensation of Rs. 1,11,500 along with interest at the rate of 12 per cent per annum from the date of filing of application till realisation.

(2.) Facts, shorn of unnecessary details, indicate that Sitaram (since deceased) was going to the market from the bus stand in order to supply milk. Saleem Shah drove truck No. MP 11-A 0829 rashly and negligently and dashed Sitaram, who sustained injuries and died. It was claimed that he used to earn about Rs. 150 per day, besides having agricultural income. His monthly income was Rs. 7,000. Compensation of Rs. 12,60,000 was claimed. Driver Saleem Shah was proceeded ex pane. Brijlal Khilwani, registered owner of the truck, took the stand that real owner of the vehicle was Sohan alias Sanu Narwaria. The truck was sold to him prior to the date of accident. Possession of the truck was with Sohan alias Sanu Narwaria. He had obtained the custody of the truck from the court. It was submitted that excessive amount was claimed and as the vehicle stood transferred, he was not liable to pay the compensation. It was further contended that on 17.9.1998, an agreement was entered into between appellant and the respondent No. 1, for sale of the truck for Rs. 1,15,000. Sum of Rs. 50,000 was paid to him and remaining amount was to be paid in 18 equal monthly instalments. Said amount was not paid.

(3.) Sohan alias Sanu Narwaria, in his written statement, inter alia, contended that he was not aware who the registered owner of the vehicle was. He was not in possession of the truck. Saleem Shah was not his driver. Excessive compensation was claimed. Truck was not transferred to him. He was unnecessarily impleaded. As the truck was not in his possession, he was not liable to pay the compensation.