ASHIM KUMAR BANERJEE,J. - (1.) The accident is not in dispute, so is the involvement of the offending vehicle. The owner also appeared before the Tribunal and contended that it had sold the vehicle long before the accident and as such had no liability. The Insurance Company adopted such submission and thus wanted to be relieved of the responsibility of paying compensation. The Tribunal rejected the contention and in our view very rightly. Hence, this appeal by the Insurance Company.
(2.) Mr. Mainak Bose, learned Counsel appearing for the appellant, relies on the Apex Court decision in the case of National Insurance Company Ltd. v. Challa Bharthamma and Ors., reported in (2004) 8 SCC 517. According to him, as per the motor vehicles record, the concerned owner, being insured under the policy of insurance, had sold the vehicle long before the accident. However, there had been three subsequent transfers and the fourth transferee ultimately recorded such transfer with the Motor Vehicles Authority. In such view of the matter he should be granted leave to realize the claim amount from the owner, which he had deposited with the Registrar General of this Court.
(3.) Such leave is granted. Let the appellant initiate appropriate execution proceeding before the Court below for realization of the amount from the owner.;