ANIL SINGHAL Vs. TEK RAM

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (for brevity 'the Code') is directed against the order dated 15.2.2003 passed by the Motor Accident Claims Tribunal, Sonepat (for brevity 'the Tribunal') dismissing the objections of the JD-petitioners while opposing the execution of the award passed by the Tribunal in petition No. 47 of 28.3.1997 decided on 26.11.1999 (Annexure P-1) awarding a sum of Rs. 2.00 lacs as compensation to the Decree- holder-respondents. Krishan Bairagi being the driver and M/s Purar Testiles Limited, being the owner of the offending vehicle were held jointly and severally liable to pay one half of the compensation amount, whereas Insurance Company and two others were held jointly and severally liable to pay the remaining one half of the compensation to the decree-holder-respondents with interest @12% p.a. from the date of filing the petition till its actual realisation. The Tribunal has dismissed the objections of the JD-petitioners by recording the following order :-

(2.) MR . Sushil Jain, learned counsel for the Objector-petitioners has argued that once by an agreement dated 10.4.1997, the company has been sold, the objector-petitioners cannot be held individually liable to pay the awarded amount of compensation to the DH-respondents. According to the learned counsel, the Company is retaining its corporate character and the ownership of the offending vehicle namely TATA 407 Canter bearing registration No. HR 11 2182 was owned by M/s Purar Testiles Pvt.Ltd., and, therefore, the Company has to bear the liability of satisfying the award dated 26.11.1999. The learned counsel has further pointed out that after the objector-petitioners have ceased to be Directors of the Company, no liability can be fastened on them as all liabilities in accordance with the agreement dated 10.4.1997 (Annexure P- 2) have to be borne by the Company and its new Directors namely Vinod Kumar Bhatia, Parveen Dutt Sharma and Parveen Madan. He has referred to Clause III of the agreement stipulating that all past and future assets and liabilities of the Company have been purchased by the afore-mentioned new Directors.