ICICI BANK LIMITED Vs. SANTOSH AND ORS.

JUDGEMENT

(1.) This judgment shall dispose of the aforementioned five appeals, filed by the appellant, challenging the impugned awards dated 26.7.2010/12.1.2011, passed by the learned Motor Accidents Claims Tribunal, Karnal and Sirsa respectively ( in short 'the Tribunal'), arising out of the same accident.

(2.) Learned counsel for the appellant contends that one Seema Devi acquired the vehicle through hire purchase basis, on account of non-payment, the possession of the vehicle was taken and the same was further sold in auction, in favour of Amar Singh. The said Amar Singh further sold the vehicle in favour of respondent No.6, Rishal Singh. At the time of accident, the vehicle was under control and possession of said Rishal Singh. His son was driving the vehicle at the time of accident. Earlier the vehicle was financed by the appellant. Rishal Singh has admitted that the vehicle was being driven under his instructions and control. In his reply, he has admitted that he had purchased the vehicle from Amar Singh.

(3.) Despite service, none appeared on behalf of respondent Nos. 5 and 6, the driver and owner.