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2001 DIGILAW 987 (ALL)

CHHEDI PRASAD v. KAMRUNNISHA AND ANR.

2001-10-31

SUDHIR NARAIN, V.M.SAHAI

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SUDHIR NARAIN AND V. M. SAHAI, J. ( 1 ) THIS appeal is directed against the award dated 25. 8. 2001 passed by Motor Accidents Claims tribunal awarding compensation of Rs. 1,09,000 to the claimants-respondents. ( 2 ) WE have heard Mr. D. P. Singh, the learned Counsel for the appellant and Mr. Vashishtha tewari for the respondents. ( 3 ) THE claimants-respondents filed the claim petition with the allegation that on 13. 11. 1991 khalil Ahmad was travelling in a jeep No. WBH 4770 which met with an accident at about 4 p. m. The driver of the jeep was driving the vehicle rashly and negligently. Khalil Ahmad received serious injuries and he died on 14. 11. 1991. ( 4 ) THE claim petition was contested by the appellant. The ownership of the jeep was denied. The defence of the appellant was that on the date of the occurrence, i. e. , 13. 11. 91 he was neither owner nor in possession of the jeep. It was further denied that the accident was caused due to rash and negligent driving by the driver of the jeep in question. The Tribunal recorded a finding that the appellant was owner of the jeep on the date of the occurrence and after considering the material for evidence on record came to the conclusion that the claimants-respondents were entitled to compensation of Rs. 1,09,000. ( 5 ) THE learned Counsel for the appellant contended that the appellant was not the owner of the vehicle on the date of occurrence. The Tribunal has considered this fact. It has found that Uma devi, the previous owner had executed a letter of transfer in favour of the appellant on 22. 10. 91. The accident had taken place on 13. 11. 1991. The possession was also transferred on the date the letter was written by previous owner. The transfer of ownership of the vehicle was complete after letter of transfer was written and possession was also delivered. ( 6 ) THE appeal is accordingly dismissed. Rs. 25,000 deposited by the appellant before this court shall be sent by Registry of this court within a period of one month to the Motor Accidents claims Tribunal, Deoria, which shall be adjusted in the amount payable by the appellant to the claimants-respondents. .