NAVA RAM Vs. UMA RAM

JUDGEMENT

(1.) By way of this appeal under Section 173 of the Motor Vehicles Act the appellant, registered owner of the vehicle involved in accident, seeks to question the award dated 11.02.2005 made by the Motor Accidents Claims Tribunal, Sirohi in Claim Case No. 26/2002; and particularly seeks exoneration on the ground that the vehicle in question had already been transferred by him to the non-applicant No. 3 Shiv Lal.

(2.) Briefly put, the background facts are that about 15 years old Bhalla Ram, son of the claimants, died for the injuries sustained in accident that occurred on 10.04.2001 when he was hit by a jeep bearing registration No. RJ24 T 142. The claimants sought compensation while arraying driver of the jeep Lala Ram as non-applicant No. 1, registered owner of the jeep Nava Ram (the appellant) as non-applicant No. 2, and transferee owner of the jeep Shiv Lal as non-applicant No. 3.

(3.) Non-applicant No. 1 driver contested the claim application with the averments that the accident occurred for the negligence of the victim himself. Non-applicant No. 2 (the appellant) contested the claim application specifically on the submissions that on 29.06.2000 he had sold the vehicle to the non-applicant No. 3 for a consideration of Rs. 83,000/-; and handed over physical possession of the vehicle to the said transferee. Non-applicant No. 3 did not file any reply to the claim application.