LAWS(RAJ)-2014-1-21

JAGSEER SINGH Vs. SATYA DEVI

Decided On January 08, 2014
JAGSEER SINGH Appellant
V/S
SATYA DEVI Respondents

JUDGEMENT

(1.) THESE appeals are directed against the judgment and award dated 18.07.2012 passed by Motor Accident Claims Tribunal, Raisinghnagar, District ­ Sriganganagar ('the Tribunal'), whereby, for the death of Jogendra Singh and injuries by Smt. Satya Devi, the Tribunal has awarded a sum of Rs.4,41,500/ - and Rs.2,28,500/ - respectively as compensation alongwith interest @ 6% per annum from the date of filing application for compensation ('the application').

(2.) THE appellant Jagseer Singh, who was the registered owner of Tractor bearing Registration No.RJ -13 -R -1200 has been held jointly and severally liable alongwith one Darshan Lal, who was driving the Tractor and Shiv Prakash. It was the case of the appellant -owner that the accident occurred on 15.03.2005; the Tractor in question had been sold by him to Shiv Prakash; and merely because the same was not got registered by the said Shiv Prakash, the appellant cannot be held liable for payment of compensation.

(3.) IT is submitted by learned counsel for the appellant that when it was proved on record that by agreement dated 11.01.2005 the vehicle in question has been sold to Shiv Prakash by the appellant, merely because the endorsement in this regard was not made in the Registration Certificate of the Tractor, the appellant cannot be held liable for payment of compensation and, consequently, the award impugned passed by the Tribunal, deserves to be quashed and set aside.