LAWS(P&H)-2007-10-169

MOHINDER KUMAR Vs. MOHINDER SINGH & ORS

Decided On October 04, 2007
MOHINDER KUMAR Appellant
V/S
Mohinder Singh And Ors Respondents

JUDGEMENT

(1.) The challenge in the present appeal filed by the owner of the vehicle is to the award passed by the Motor Accident Claims Tribunal, Jhajjar (for short "the Tribunal") whereby the liability for satisfaction of the award has been put on the appellant as well as the driver of the vehicle (respondent No. 2).

(2.) The only contention raised in the appeal is that even though admittedly it was vehicle No. HR-37-2787, which was owned by the appellant and involved in the accident, however, due to clerical error, the respondent No. 1-claimant mentioned the vehicle No. HR-37-2784 in his petition. It was only on that account that the award was passed against the appellant as no insurance policy for that vehicle number was produced on record. Otherwise, insurance policy for vehicle No. HR-37-2787 was placed on record.

(3.) In fact, after investigation in the FIR, the vehicle No. HR-37-2787 was impounded and was released on sapurdari. It has also come on record that even challan for prosecuting driver had also been filed with regard to vehicle No. HR-37-2787 and the driver is facing trial for the same.