TIRPTA BAKSHI Vs. SUKHWANT SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of an award granting compensation of Rs. 80,000 to the claimants against the driver and transferee of the offending vehicle, i. e. , truck No. PNP 6544.

(2.) THE sole question raised in this appeal was with respect to the liability of the registered owner, namely, Hans Raj, and of the insurance company, i. e. , whether the registered owner is liable to reimburse the claimants and resultantly the insurance company's liability to indemnify the insured, i. e. , the registered owner.

(3.) LEARNED counsel for the appellants challenged the finding of the learned single judge on the facts. It was contended that in fact, Shri Hans Raj, insured, still had a subsisting interest in the vehicle, i. e. , on the date of accident. Mere transfer of possession of the vehicle by itself would not absolve the transferor of his liability as well as that of the insurance company. Even otherwise, it is proved on record that the alleged transfer was witnessed or proved in view of the affidavit showing the transfer. The affidavit had been tampered with, with respect to the date of sale in order to avoid one's liability especially when it is admitted in evidence that the sale was made by the owner of the truck to one of his drivers for a paltry sum of Rs. 2,000 and the truck is alleged to have been handed over to him just on receiving a payment of Rs. 2,000 as earnest money,