- (1.) This first appeal is filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 26.5.2009 passed by the Motor Accident Claims Tribunal, Unnao in Claim Petition No. 257 of 2005 where a compensation of Rs. 2,28,200/ was awarded along with interest at the rate of 6% from the date of filing of the claim petition till the date of actual payment. Being aggrieved, the appellant has filed the present appeal.
(2.) The brief facts, in narrow compass, are that on 24.5.2005 at about 1' O clock in the noon, the deceased Ram Saran was returning on cycle after purchasing the diesel. On the opposite side, the driver of a Jeep No. UP X-5366 was driving the jeep carelessly and negligently and hit the deceased. The deceased sustained serious injuries and immediately he was taken to Primary Health Center, later on shifted to Gandhi Memorial and Associate Hospital, where he died on 29.5.2005 at about 3.30 p. m. . The deceased was aged about 50 years and he was earning a sum of Rs. 3600/per month. So the Tribunal after deducting 1/3rd, took a sum of Rs. 24,000/ as annual income of the claimant and by applying the multiplier of a sum of Rs. 2,16,000/ was awarded. In addition for funeral charges, consortium and medical expanses, a sum or Rs. 2000/ +5000/ +2500/ +2700/ were also awarded. Thus a total sum of Rs. 2,28,200/ was awarded in favour of the claimant along with 6% interest from the date of filing of the petition. The jeep in question was owned by the appellant i. e the Executive Engineer Ground Water Surevey, Faizabad. It was not insured so, the Tribunal fixed the liability to its owner.
(3.) During the course of arguments, the learned counsel for appellant has accepted the accident and quantum. The only argument raised is pertaining to the ownership of the vehicle in question. According to him, the appellants were the owners of the vehicle in question but prior to the accident, the said jeep was sold to one Mohd. Asim (respondent No. 4) in auction and possession was given to him on 2.9.2004. So, on the date of accident, the appellant was not the owner. He further submits that as per section 15 (2) of the Motor Vehicles Act, 1988, the liability to move application for transfer of ownership before the registering authority is on the shoulder of purchaser or who has secured the motor vehicle in auction. He also submits that the responsibility to move an2 application for transfer of ownership was only on the shoulder of the purchaser i. e Mohd. Asim. Hence, the appellant could not be declared the owner of the vehicle specially in the circumstances when the transaction has already been completed. Mohd. Asim has purchased the vehicle in auction and he has deposited the money in the Treasury, therefore, the purchaser Mohd. Asim is solely liable to make the payment of compensation. The tribunal has wrongly awarded the compensation by violating the provisions of Section 5o (2) of Motor Vehicles Act, 1988. Lastly, he made a request that the impugned order may kindly be set aside.;