ROOP SINGH Vs. DHARAM DASS

JUDGEMENT

(1.) This appeal is at the instance of the owner, who allegedly transferred the vehicle in favour of one Roshan Lal prior to the accident.

(2.) Looking to the nature of the order I propose to pass, it is not necessary to delve into the details, suffice it to state that the defence of the appellant throughout the case remained the same i.e. he had transferred the vehicle prior to the accident as would be evident from para 13 of the reply filed to the claim petition, which reads thus:

(3.) Even while leading evidence, the appellant had produced in evidence one Bhagat Ram (proforma respondent No.6 herein) as his witness who was the driver of the tractor and had proved on record the certified copy of order passed by learned Judicial Magistrate 1st Class, Court No.1, Mandi Ex. RX-1 on 4.5.1999 whereby the application moved by Roshan Lal for release of the vehicle in his favour was allowed. He also proved the application filed for release of the tractor under Sec. 457 of Cr.PC. as Ex. RX-2, certified copy of Sapurdari Bond as Ex.RX-3 as well as certified copy of the release order of learned Judicial Magistrate 1st Class, Court No.1, Mandi Ex.RX.4.