ASHOK KUMAR MISHRA Vs. DURGAVATI

JUDGEMENT

(1.) THIS appeal has been preferred by owner aggrieved by an award dated 10-1-05 passed by IIIrd Addl. Motor Accident Claims Tribunal, Sidhi in Claim case No. 28/04.

(2.) ON account of death of Prabhunath Singh in an accident dated 21-2-94, the Tribunal has awarded compensation of Rs. 1,66,000 along with interest at the rate of 8% per annum from the date of filing of claim petition till realization.

(3.) IN this appeal filed by Shri Ashok Kumar Mishra, registered owner of the vehicle, the only submission raised by the appellant to assail the liability is that the vehicle was transferred to respondent No. 5 Dharmraj Singh as per sale letter (Exh. D-2), dated 4-12-93 whereas accident took place on 21-2-94, scooter was seized as per seizure memo (Exh. P-7) on 29-2-94 along with original sale letter (D-2 ). A consideration of Rs. 11,500 was paid, thereafter it was the duly of transferee to apply for getting his name registered, consequently, Shri Ashok kumar Mishra, after having sold the vehicle could not have been held liable to make payment of compensation jointly and severally along with respondent nos. 4 and 5.