SHIV LAL Vs. KAHNU RAM

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is directed against the award of the Motor Accidents Claims Tribunal (II), Mandi (hereinafter referred to as 'the Tribunal'), in M.A.C. Petition No. 26 of 1993-18 of 1994; decided on 27.2.1999.

(2.) The facts necessary for the decision of this case are that claimants are the sons of one Reshmu. On 12.11.1992, Reshmu along with her sister were coming from the house of their brother to village Nagwahan. It is alleged that they were walking on the left side of the highway and when they reached village Kanaid and when Reshmu was crossing the National Highway, tractor No. HP-28 0332, being driven in a rash and negligent manner, came from Sundernagar towards Kanaid, hit Reshmu resulting in her death. In the original claim petition, it was alleged that Shiv Lal was the owner of the tractor and that Amar Singh had been impleaded since he was shown to be the owner in the registration certificate. Shiv Lal, respondent No. 1, filed reply. He did not deny the ownership of the tractor but according to him the accident occurred due to negligence of the deceased Reshmu herself. Amar Singh, respondent No. 2, in his reply submitted that the tractor in question was originally owned by him but on 17.10.1991 he had sold this tractor to Shiv Lal, respondent No. 1 and had delivered all the documents of the tractor to him along with the possession of the tractor. On this basis, it was submitted that it was owner, Shiv Lal who is liable to pay compensation and not Amar Singh.

(3.) Tribunal vide the impugned award held that the claimants are entitled to compensation of Rs. 50,000. It, however, held that only Shiv Lal, respondent No. 1, was liable to the compensation.