LAWS(RAJ)-2004-2-25

DHULCHAND Vs. KANTI LAL

Decided On February 24, 2004
DHULCHAND Appellant
V/S
KANTI LAL Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This appeal is against the award dated 3rd Oct. 1987 by which the appellant, re spondent No. 2 and respondent No. 3 were held liable to pay the compensation to the claimant No. 1 as awarded by the Tribunal.

(3.) This appeal is by the appellant Dhulchand, who was the non-petitioner No. 3 before the Tribunal. The other non-peti- tioner before the Tribunal was Sampat Lai, who also challenged the award by S.B.C. Misc. Appeal No. 213/1987, which was dis- missed on 8th Sept. 1988. According to the learned counsel for the appellant, the vehi- cle In dispute was registered In the name of one Shri Sampat Lai, he sold this vehicle to Dhulichand and Hira Lai on 10th Aug., 1980. Dhulichand and Hira Lai sold the ve- hicle to one Shri Amba Lai and actual physi- cal possession was handed over to Amba Lai and Amba Lai agreed to pay taxes in future and also agreed to undertake all the liabil- ity of the Insurance claimant, therefore, Amba Lai alone was liable to pay all the com- pensation, which was awarded by the Tri- bunal. Learned counsel for the appellant relied upon the agreement (Ex. A-l), which is executed between the Amba Lai as party No. 1 and Dhuli Chand and Htra Lai as party No. 2.