LAWS(P&H)-2006-12-4

STATE Vs. SUBHASH CHAND

Decided On December 13, 2006
STATE Appellant
V/S
SUBHASH CHAND Respondents

JUDGEMENT

(1.) - The present appeal is against the award rendered by learned motor Accidents Claims Tribunal, Sonepat dated 9. 1. 92, whereby a sum of Rs. 60,000 has been determined as compensation payable to the claimant Subhash Chand, but the insurance company of the offending truck bearing registration No. HTS 7369 was absolved of the liability.

(2.) AS per the finding recorded, Vijay kumar was earlier owner of the vehicle, who sold the same to one Rajbir Singh on 13. 9. 1988. The accident took place on 9. 5. 1989. The insurance company was absolved by learned Tribunal after finding that privity of contract had come to an end after the sale of the vehicle as neither the purchaser nor the seller informed the insurance company about the transfer of the vehicle.

(3.) THE reasoning given by the learned tribunal is not sustainable in view of section 157 of the Motor Vehicles Act, 1988 and as interpreted by Honble Apex Court of India in a judgment in G. Govindan v. New India Assurance Co. Ltd. , 1999 ACJ 781 (SC ).