SUNIL KUMAR Vs. LAXMAN SINGH

JUDGEMENT

(1.) THIS civil misc. appeal under Section 173, Motor Vehicles Act, 1988 (hereinafter called in short, 'the Act') is directed against the award dated 9.7.1999 passed by the learned Judge M.A.C.T., Neem ka Thana, Sikar in Claim Case No. 41 of 1996.

(2.) BRIEFLY stated the relevant facts are that appellant Sunil Kumar was coming from Mehrauli to Reengus in a jeep No. RJ -19 -C -1464 on 2.12.1995. It was being driven by the respondent No. 1, Laxman Singh, and was insured with respondent No. 2. The jeep was originally registered in the name of Heera Lal who transferred it to Laxman Singh on 8.11.1995 and entry to that effect was also made in the registration certificate. However, the cover note which was issued on 1.8.1995 in the name of Heera Lal, was not got transferred in the name of the transferee. The jeep dashed against a standing truck No. RJ -07 -0306 near Math Mandir on the Jaipur -Reengus Road at 10.30 p.m. as a result of which the appellant sustained serious injuries. He filed a claim case against the respondents claiming Rs. 7,50,000 as compensation. The learned Tribunal below found that the accident was due to rash and negligent driving of the jeep by the respondent No. 1 and that the appellant was entitled to compensation of Rs. 75,000 only along with interest at the rate of 12 per cent per annum w.e.f. 3.4.1996, the date of filing of the claim petition. However, the Tribunal held that the respondent No. 2, the insurance company was not liable to make any payment of the amount of the award as the policy of insurance was not got transferred in the name of the transferee of the vehicle.

(3.) I have heard learned Counsel for the parties and have also perused the record and the authorities cited at the Bar.